District of Massachusetts • 1:26-cv-14578

Palaguachi Carpio v. Wesling

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Case Information

Filed: October 08, 2026
Assigned to: Brian E. Murphy
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 08, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12098488 Fee status: Filing Fee paid., filed by Juan Carlos Palaguachi Carpio. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form )(MacMurray, Kevin) Modified on 10/8/2026 to delete duplicate docket text (SP). (Entered: 10/08/2026)
Main Document: Petition for Exoneration From or Limitation of Liability AND Petition for Writ of Habeas Corpus - 2241
#2
Oct 08, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Donald L. Cabell. (MBM) (Entered: 10/08/2026)
#3
Oct 08, 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). (MBM) (Entered: 10/08/2026)
Main Document: General Order 19-02
#4
Oct 08, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITIONAND STAY OF TRANSFER OR REMOVALRespondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Tuesday, October 13, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, October 16, 2026.(MBM) (Entered: 10/08/2026)
Main Document: Service Order-2241 Petition
#5
Oct 08, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Steven Sharobem and mailed to all respondents on 10/8/2026. (MBM) (Entered: 10/08/2026)
Oct 08, 2026
Copy Mailed
Oct 08, 2026
Notice of Case Assignment
#6
Oct 10, 2026
RESPONSE/ANSWER to 1 Petition for Exoneration From or Limitation of Liability,, Petition for Writ of Habeas Corpus (2241), by David Wesling. (Attachments: # 1 Exhibit I-200 & NTA)(Tolkoff, Benjamin) (Entered: 10/10/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Oct 13, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, David Wesling (Tolkoff, Benjamin) (Entered: 10/13/2026)
Main Document: Notice of Appearance
#8
Oct 13, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING in part the 1 petition for writ of habeas corpus. Respondents acknowledge that Petitioner is detained under 8 U.S.C. § 1226(a), and assert that petitioners are entitled to a bond hearing pursuant to 8 U.S.C. § 1226 should they request one. Dkt. 6 at 1. The Court construesand ORDERS Respondents to likewise construethe pending petition as conveying a request for a bond hearing before an immigration judge (IJ). See Waters Rossin v. Moniz, No. 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026); see also Tschimayi v. Moniz, No. 26-cv-13908, Dkt. 8 (D. Mass. Aug. 26, 2026) ([E]xhaustion is not required.); Cardenas Davila v. Moniz, No. 26-cv-14237, Dkt. 8 (D. Mass. Sep. 18, 2026) ([T]he Court will not require noncitizens who are entitled to a bond hearing under the First Circuit's decision to exhaust administrative remedies before filing a habeas petition.). The Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Tuesday, October 20, 2026, unless, before that time, Petitioner is provided a bond hearing which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding IJ considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 12:00 p.m. on Thursday, October 22, 2026, detailing their compliance with this order. If a bond hearing was held, the status report shall state whether Petitioner has been granted bond, the date, time, and location of his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJs decision with the status report. (MBM) (Entered: 10/13/2026)
Oct 13, 2026
Order
#9
Oct 21, 2026
Status Report
Main Document: Status Report
#10
Oct 21, 2026
Judgment
Main Document: Judgment