District of Massachusetts • 1:26-cv-14476

#1

Oct 01, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12079985 Fee status: Filing Fee paid., filed by Lam Trung Phan Le. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Category Form)(Ball, Martha) Modified on 10/1/2026 (MAP). (Entered: 10/01/2026)

#2

Oct 01, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (MAC) (Entered: 10/01/2026)

#3

Oct 01, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 10/01/2026)

#4

Oct 01, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to David Venturella, Antone Moniz, David Wesling on 10/1/2026. (JAM) (Entered: 10/01/2026)

#5

Oct 01, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (JAM) (Entered: 10/01/2026)

Oct 01, 2026

Copy Mailed

Oct 01, 2026

Notice of Case Assignment

#6

Oct 02, 2026

NOTICE of Appearance by Claire Maguire on behalf of Lam Trung Phan Le (Maguire, Claire) (Entered: 10/02/2026)

#7

Oct 05, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Antone Moniz, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 10/05/2026)

#8

Oct 08, 2026

MOTION for Extension of Time to October 15, 2026 to File Answer re 3 Order by Antone Moniz, David Venturella, David Wesling.(Tolkoff, Benjamin) (Entered: 10/08/2026)

#9

Oct 08, 2026

Opposition re 8 MOTION for Extension of Time to October 15, 2026 to File Answer re 3 Order filed by Lam Trung Phan Le. (Maguire, Claire) (Entered: 10/08/2026)

#10

Oct 09, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 8 Motion for Extension of Time a Response the the habeas Petition. The court would appreciate an accurate and "fulsome" response as to why the government has failed to procure Lam Trung Phan Le's removal to Vietnam within the six months prescribed in Zadvydas v. Davis, 533 U.S. 678, 699-700 (2001) or release him, and whether travel documents exist for his removal there. Accordingly, the court will permit the opposed extension request, but only until noon on Tuesday, October 13, 2026. (MZ) (Entered: 10/09/2026)

Oct 09, 2026

Order on Motion for Extension of Time to Answer

#11

Oct 12, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, David Venturella, David Wesling. (Attachments: # 1 Exhibit NTA, # 2 Exhibit Decision to Continue Detention, # 3 Exhibit IJ Removal Order, # 4 Exhibit BIA Decision, # 5 Exhibit Declaration of Brian Sullivan)(Tolkoff, Benjamin) (Entered: 10/12/2026)

#12

Oct 13, 2026

MOTION for Leave to File Reply to Respondents' Response to Petition for Writ of Habeas Corpus Within Seven Days, Unopposed by Lam Trung Phan Le.(Maguire, Claire) (Entered: 10/13/2026)

#13

Oct 13, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion for Leave to File a Reply. Petitioner Lam Trung Phan Le will file a reply to the government's response to his petition (DKT # 11) within seven days (by October 20, 2026). (MZ) (Entered: 10/13/2026)

Oct 13, 2026

Order on Motion for Leave to File Document

#14

Oct 20, 2026

MEMORANDUM OF LAW by Lam Trung Phan Le in Support re 1 Petition for Writ of Habeas Corpus (2241),. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Maguire, Claire) (Entered: 10/20/2026)

#15

Oct 21, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Response to Petition for Writ of Habeas Corpus - 2241, filed by David Wesling, David Venturella, Antone Moniz. Petitioner Lam Trung Phan Le immigrated to the United States in 1992 as a refugee. Dkt #1-1, Decl. of Lam Trung Phan Le par. 3. He became a lawful permanent resident in 1992. Id. par. 4. In 2025, Le briefly traveled to Vietnam. Id. par. 5. On his return to Boston Logan International Airport on April 4, 2025, Le was detained by immigration authorities and placed in removal proceedings. Id. par.s 6-7. He has remained in immigration custody ever since, now over eighteen months.While in immigration detention, Le was ordered removed to Vietnam by an Immigration Judge on July 22, 2025. Dkt # 11-3, Order of the Immigration Judge at 3. The Board of Immigration Appeals affirmed the Order of Removal on March 27, 2026, rendering it final. Dkt #11-4, Board of Immigration Appeals Decision at 3. Le has been detained with a final order of removal for over six months. See id., Dkt.#1-1, Le Decl. par. 6. Apparently, Le did not take an appeal of the BIAs decision to the First Circuit He is currently detained by Immigration and Customs Enforcement (ICE) at Plymouth County Correctional Facility. Id., Le Decl. par. 1. Le filed a Petition for Writ of Habeas Corpus on October 1, 2026. Dkt #1. He claimed that his detention is unlawful because there is no significant likelihood of his removal to Vietnam in the reasonably foreseeable future. In its Response, the government represented that on September 10, 2026, over five months after Mr. Le's removal order became final, ICE requested a travel document from the government of Vietnam. Dkt #11-5, Decl. Brian Sullivan par. 31. More than 30 days have passed since that request was made, and no travel document has been issued. In its Response, the government invokes Zadvydas v. Davis, 533 U.S. 678 (2001) and asks the court to "'grant the Government appropriate leeway when its judgments rest upon foreign policy expertise' and provide additional time to ICE to determine whether a travel document is approved for Petitioner." Dkt # 11 at 6. The court asks the Government to submit a further Response explaining its authority to continue to detain Le under the circumstances, or conversely, authority for the proposition that this court lacks the power to order Le released on conditions while the travel issue is resolved. The court asks that the government do so within ten days of this Order -- by 10/30/26. (MZ) (Entered: 10/21/2026)

#16

Oct 21, 2026

RESPONSE TO COURT ORDER by Antone Moniz, David Venturella, David Wesling re 15 Order,,,,,,,,,, . (Attachments: # 1 Exhibit Travel Document - Vietnam)(Tolkoff, Benjamin) (Entered: 10/21/2026)

Oct 21, 2026

Order

#18

Oct 28, 2026

Order Dismissing Case

Oct 28, 2026

Order