District of Massachusetts • 1:26-cv-14917

#1

Oct 27, 2026

Emergency PETITION for Writ of Habeas Corpus EMERGENCY ( Filing fee $ 5.00 receipt number ARIDC-2357881.), filed by Cornelio Ramirez Esquit. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Certificate of Service)(Salazar, Cindy) (Entered: 10/27/2026)

#3

Oct 27, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Cornelio Ramirez Esquit. To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved outside the District of Rhode Island without providing the Court with at least 72 hours advance notice of the move and the reason therefore. Any such 72-hour notice period shall commence at the date and time such notice is filed and expire 72 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C). So Ordered by District Judge Melissa R. DuBose on 10/27/2026. (Gonzalez Gomez, Viviana) (Entered: 10/27/2026)

Oct 27, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

Oct 27, 2026

TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Cornelio Ramirez Esquit. Response to Petition for Writ of Habeas Corpus due by 10/30/2026. So Ordered by District Judge Melissa R. DuBose on 10/27/2026. (Gonzalez Gomez, Viviana)

#4

Oct 29, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Todd M. Lyons, Markwayne Mullin, David Wesling . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bolan, Kevin) (Entered: 10/29/2026)

#5

Oct 29, 2026

MOTION to Seal Filed. (Attachments: # 1 Exhibit Ex. A (under seal))(Bolan, Kevin) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 10/29/2026)

#6

Oct 30, 2026

Case transferred in from District of Rhode Island; Case Number 1:26-cv-00806. (Entered: 10/30/2026)

#7

Oct 30, 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 Paul G. Levenson. (Danieli, Chris) (Entered: 10/30/2026)

#8

Oct 30, 2026

Notice: Counsel who filed an appearance in this case prior to its transfer must refer to Local Rule 83.5.3(h) Practice by Persons Not Members of the Bar on how to proceed as an attorney in this court. General Information for Attorneys can be found here. (Danieli, Chris) (Entered: 10/30/2026)

#9

Oct 30, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER. Respondents represent that Petitioner is being held in the District of Massachusetts and is currently detained in Plymouth County Correctional Facility in Plymouth, Massachusetts. Dkt. 4 at 3. Petitioner shall not be transferred to another district unless Respondents provide advanced notice 72 hours before the intended move. Such notice shall be filed separately in writing on the docket in this proceeding and shall state the reason why Respondents believe that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice of intent to transfer has been docketed, Petitioner shall not be moved out of the District until the Court lifts the portion of this order staying transfer. If Respondents contest that Petitioner is presently confined in the District of Massachusetts, Respondents shall file a notice in writing on the docket stating the name and location of the facility in which Petitioner is confined. Such notice shall be provided promptly after Respondents become aware of that fact. Petitioner shall not be deported, removed, or otherwise transferred outside the United States until further order of this Court. Respondents also acknowledge that Petitioner is detained under 8 U.S.C. § 1226(a), and assert that Petitioner “has not requested a bond hearing in Immigration Court (“IC”) proceedings and, thus, has not exhausted available administrative remedies.” Dkt. 4 at 1. The Court construes—and ORDERS Respondents to likewise construe—the 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 Friday, November 6, 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 5:00 p.m. on Tuesday, November 10, 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 IJ’s decision with the status report. (MBM) (Entered: 10/30/2026)

Oct 30, 2026

TEXT ORDER: Before the Court is Petitioner's Petition for a Writ of Habeas Corpus wherein he asks that this Court order "Respondents to immediately release Petitioner from custody." ECF No. 1. The Respondents, while conceding that Petitioner has been detained under 8 U.S.C. § 1226(a), detail in their Response that the Petitioner is not, and was never, detained at Wyatt and was en route to Plymouth County Correctional Facility when he filed the pending Petition. ECF No. 4. As the Supreme Court explained, "[t]he plain language of the habeas statute [] confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Because Petitioner has not been held at Wyatt Detention Center and is at the Plymouth Facility, this Court does not have jurisdiction to adjudicate the pending Petition. Accordingly, this Petition will be transferred to the District of Massachusetts. So Ordered by District Judge Melissa R. DuBose on 10/30/2026. (Simoncelli, Michael)

Oct 30, 2026

Notice of Case Assignment

Oct 30, 2026

Order

Oct 30, 2026

Notice to Counsel in Transfer Cases

#10

Nov 05, 2026

Notice of Appearance

Nov 06, 2026

Order on Motion to Seal