District of Massachusetts • 1:26-cv-14918

#1

Oct 30, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12150441 Fee status: Filing Fee paid., filed by Juan De Dios Gonzalez Santana. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cross, Jeremy) (Entered: 10/30/2026)

#2

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 Jessica D. Hedges. (MBM) (Entered: 10/30/2026)

#3

Oct 30, 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: 10/30/2026)

#4

Oct 30, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents 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, November 3, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, November 6, 2026. (MBM) (Entered: 10/30/2026)

#5

Oct 30, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Hillary Harnett and mailed to all respondents on 10/30/2026. (MBM) (Entered: 10/30/2026)

Oct 30, 2026

Notice of Case Assignment

Oct 30, 2026

Copy Mailed

#6

Nov 02, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, Donald Trump, David Venturella, David Wesling (McMahon, Erica) (Entered: 11/02/2026)

#7

Nov 02, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, Donald Trump, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McMahon, Erica) (Entered: 11/02/2026)

#8

Nov 02, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER. Respondents submit that “[b]ased on Guerrero Orellana, this Court will conclude that Petitioner’s detention is under 8 U.S.C. § 1226(a) and that Petitioner is entitled to a bond hearing.” Dkt. 7 at 2. The First Circuit has held that “ “[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)’s mandatory detention provision, but rather, are governed by § 1226." Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026). Therefore, Petitioner is entitled to a bond hearing. See id. at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). Respondents also acknowledge that this Court will “not [] require exhaustion of the administrative remed[ies].” Dkt. 7 at 2 (citing Tschimayi v. Moniz, No. 26 cv-13908-BEM, Dkt. 8 (D. Mass. Aug. 26, 2026)).Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Monday, November 9, 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 immigration judge (“IJ”) considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 5:00 p.m. on Thursday, November 12, 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: 11/02/2026)

Nov 02, 2026

Order