District of Massachusetts • 1:26-cv-14893

#1

Oct 29, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12147093 Fee status: Filing Fee paid., filed by Marco Aurelio Estevez Marques. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) (Entered: 10/29/2026)

#2

Oct 29, 2026

Amended PETITION for Writ of Habeas Corpus (2241) CORRECT VERSION Filing fee: $ 5, receipt number AMADC-12147109 Fee status: Filing Fee paid., filed by Marco Aurelio Estevez Marques. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lagana, Stephen) (Entered: 10/29/2026)

#3

Oct 29, 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 M. Page Kelley. (NMC) (Entered: 10/29/2026)

#4

Oct 29, 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: 10/29/2026)

#5

Oct 29, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Main Document 5 replaced on 10/29/2026) (FGD). (Entered: 10/29/2026)

#6

Oct 29, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER TO SHOW CAUSE.Petitioner shall show cause by November 2, 2026, why this case is “related” to Da Cunha Silva v. Wesling, No. 26-cv-14772-LTS, pursuant to the definition set forth in Local Rule 40.1(g)(1). (FGD) (Entered: 10/29/2026)

#7

Oct 29, 2026

Copy re 2 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition, 6 Order to Show Cause, emailed to Duty AUSA and mailed to Respondents and USAO on 10/29/2026. (FGD) (Entered: 10/29/2026)

Oct 29, 2026

Copy Mailed

Oct 29, 2026

Order To Show Cause

Oct 29, 2026

Notice of Case Assignment

#8

Nov 02, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 11/02/2026)

#9

Nov 02, 2026

RESPONSE/ANSWER to 2 Petition for Writ of Habeas Corpus (2241), 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit Order Denying Asylum, # 2 Exhibit Removal Docs)(Tolkoff, Benjamin) (Entered: 11/02/2026)

#10

Nov 03, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Marco Aurelio Estevez Marques. (Lagana, Stephen) (Entered: 11/03/2026)

#11

Nov 03, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. As relevant here, Local Rule 40.1(g) provides that two civil cases are “related” if “some or all of the parties are the same” and the cases “involve the same or substantially similar issues of fact” or “arise out of the same occurrence, transaction or property.” L.R. 40.1(g)(1). The rule clarifies that civil cases involving the same parties are not deemed related “solely on the ground” that they “involve the same or substantially similar challenges to a... government policy or practice” or “otherwise involve a common question of law.” L.R. 40.1(g)(3). Petitioner’s submission demonstrates that the commonalities between this case and Da Cunha Silva v. Wesling, No. 26-cv-14772-LTS, are limited to the identities of respondents and overlapping legal issues. See Doc. No. 10 . These common legal issues do not make the cases “related” for purposes of assignment. L.R. 40.1(g)(1), (3). The Court notes that, eight months ago, petitioner filed a habeas petition that was assigned to Judge Angel Kelley. Estevez Marques v. Hyde, No. 26-cv-11076-AK (D. Mass. filed Mar. 2, 2026). Petitioner voluntarily dismissed that action before the Court took any substantive action on the merits, and petitioner has not marked these two cases are related. Under these circumstances, the Court does not find the present petition “related” to the prior petition. Accordingly, the Clerk is directed to randomly reassign this petition. L.R. 40.1(g)(9). The Court’s stay order, Doc. No. 5, remains in effect unless and until it is superseded by the judge to whom this petition is reassigned. The Court notes that the petition is ripe for resolution. Doc. Nos. 2, 9 . (FGD) (Entered: 11/03/2026)

#12

Nov 03, 2026

ELECTRONIC NOTICE of Case Reassignment. Judge Richard G. Stearns assigned to case. (FGD) (Entered: 11/03/2026)

#13

Nov 03, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered. Given the existence of an order of removal (the validity of that removal order is currently being challenged before the First Circuit, but there is no indication it has yet been vacated or stayed), petitioner Marcos Estevez Marques's detention is governed by Zadvydas v. Davis, 533 U.S. 678 (2001). Petitioner is ordered to show cause before November 10, 2026, why there is no significant likelihood of removal in the reasonably foreseeable future and this case should not be dismissed. (RGS, law3) (Entered: 11/03/2026)

Nov 03, 2026

Notice of Case Assignment

Nov 03, 2026

Order Reassigning Case

Nov 03, 2026

Order

#14

Nov 05, 2026

NOTICE by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 13 Order,, Intent to Remove (Tolkoff, Benjamin) (Entered: 11/05/2026)

#15

Nov 05, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court will give petitioner Marco Aurelio Estevez Marques until Monday, November 9, 2026, to respond to 14 Notice of Intent to Remove. Petitioner shall not be removed until the court has an opportunity to review petitioner's response and has issued an appropriate ruling.(RGS, law3) (Entered: 11/05/2026)

Nov 05, 2026

Order