District of Massachusetts • 1:26-cv-14788

#1

Oct 22, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12131560 Fee status: Filing Fee paid., filed by Andy Garcia. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Nolle Pros - Plymouth Superior Court, # 4 Exhibit 2 - Nolle Pros - Holyoke District Court, # 5 Exhibit 3 - Automated Case Information (EOIR))(Cerretani, Gabriela) (Entered: 10/22/2026)

#2

Oct 22, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Jessica D. Hedges. (EZG) (Entered: 10/22/2026)

#3

Oct 22, 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). (FGD) (Entered: 10/22/2026)

#4

Oct 22, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 10/22/2026)

#5

Oct 22, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 10/22/2026. (FGD) (Entered: 10/22/2026)

Oct 22, 2026

Copy Mailed

Oct 22, 2026

Notice of Case Assignment

#6

Oct 23, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (McMahon, Erica) (Entered: 10/23/2026)

#7

Oct 27, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 10/27/2026)

#8

Oct 27, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed the petition filed by Andy Garcia, a Brazilian citizen who has been in ICE custody since March 2026, Doc. No. 1, as well as the response, in which Respondents acknowledge that Petitioner, who was admitted on a nonimmigrant visa, “is eligible for a bond hearing [under] 8 U.S.C. § 1226(a)” and is not subject to mandatory detention under § 1225 or § 1226(c). Doc. No. 7 . These concessions were made on behalf of all Respondents in this case and, therefore, are binding on ICE and the Departments of Homeland Security and Justice. Under the present circumstances—most notably, Petitioner’s lengthy period of detention without a bond hearing—the Court declines to require Petitioner to exhaust his administrative remedies, as Respondents urge. Doc. No. 7 at 3–6. In light of the foregoing, the Court construes—and ORDERS Respondents to likewise construe—the pending petition as conveying a request for a bond hearing before an immigration judge. The Court further ORDERS that such a hearing shall be scheduled (if it has not already been scheduled) to occur by November 4, 2026; that the legal standard governing such hearing is as established by the First Circuit in Hernandez-Lara v. Lyons; that, in determining whether the government has met its burden of proof as to risk of flight or danger, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk; and that the respondents shall not retaliate against Petitioner for the filing of this action. The parties shall file a joint status report by November 10, 2026, notifying the Court of whether a bond hearing has occurred and, if so, its outcome. The merits of the habeas petition remain under advisement pending receipt and review of that status report.(FGD) (Entered: 10/27/2026)

Oct 27, 2026

Order AND ~Util - Set Deadlines

#9

Nov 06, 2026

Status Report