Case Activity (68)

1. Order | Filed: February 12, 2026 | Entered: February 12, 2026 Rodriguez Aguilar v. Moniz et al

   Habeas Corpus - Alien Detainee | Massachusetts

   Order

   Judge Brian E. Murphy: ELECTRONIC ORDER entered. On February 6, 2026, the Court ordered Respondents to “determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and, if so, [to] notify the Court no later than 3:00 p.m. on Monday, February 9, 2026.”  Dkt. 7 at 1.  On February 10, 2026, Respondents answered the Petition, taking the “position... that Petitioner is not a member of the class certified in [Guerrero Orellana],” but that “the legal issues presented in this Petition are similar to those recently addressed by this Court in Martinez v. Hyde, 792 F. Supp. 3d 211 (D. Mass. 2025), and Romero v. Hyde, 795 F. Supp. 3d 271 (D. Mass. 2025).”  This response is confusing because Guerrero Orellana, Martinez, and Romero all concerned the same legal issue and all reached the same conclusion: that 8 U.S.C. s. 1225(b)(2)(A) is inapplicable to noncitizens initially “apprehended while residing in the United States.”  See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 308-09 (D. Mass. 2025) (citing Martinez, 792 F. Supp. 3d at 214); see also Romero v. Hyde, 795 F. Supp. 3d 271, 272-73 (D. Mass. 2025) (“[T]he interpretation being advanced by the Government, which would require the mandatory detention of hundreds of thousands, if not millions, of individuals currently residing within the United States, is contrary to the plain text of the statute and the overall statutory scheme.”).  Notwithstanding, there does not appear to be any obvious need to resolve the confusion because the result is the same whether pursuant to the judgment in Guerrero Orellana or under the logic of Martinez and Romero.  Accordingly, this Petition is GRANTED in part.  The Court ORDERS that Petitioner receive a bond hearing under 8 U.S.C. s. 1226 to consider the merits of his release.  Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. s. 2412. (MBM)

2. Order | Filed: February 12, 2026 | Entered: February 12, 2026 Rodriguez Aguilar v. Moniz et al

   Habeas Corpus - Alien Detainee | Massachusetts

   Judgment

   Judge Brian E. Murphy: ORDER entered. FINAL JUDGMENT...In accordance with this Court’s Order (ECF #12) issued on February 12, 2026, granting in part the Petitioner’s Writ of Habeas Corpus, it is hereby ORDERED: Judgment for the Petitioner against the Respondents. (MBM)

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