Case: Guerrero Orellana v. Moniz

1:25-cv-12664 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 18, 2025

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Case Summary

This case challenges a federal policy denying immigration bond hearings to noncitizens who initially entered the United States without inspection. On September 18, 2025, Jose Arnulfo Guerrero Orellano, a Salvadoran national who had lived in the U.S. for over twelve years, filed a habeas corpus petition in the U.S. District Court for the District of Massachusetts after being detained by Immigration and Customs Enforcement (ICE). He sued various ICE and Department of Homeland Security officials, …

This case challenges a federal policy denying immigration bond hearings to noncitizens who initially entered the United States without inspection.

On September 18, 2025, Jose Arnulfo Guerrero Orellano, a Salvadoran national who had lived in the U.S. for over twelve years, filed a habeas corpus petition in the U.S. District Court for the District of Massachusetts after being detained by Immigration and Customs Enforcement (ICE). He sued various ICE and Department of Homeland Security officials, alleging his detention without a bond hearing violated his due process rights and federal immigration law. The case was assigned to Judge Patti B. Saris, who issued an order the following day, temporarily halting his transfer or deportation out of the district.

On September 22, 2025, the petitioner filed an amended class-action complaint. Count One alleged violations of immigration law under 8 U.S.C. 1226(a), Counts Two through Four alleged violations of due process, and Count Five alleged the Board of Immigration Appeals actions were arbitrary and capricious. Petitioner alleged that the government was unlawfully relying on a recent Board of Immigration Appeals decision, Matter of Yajure Hurtado, to systematically misclassify detainees and categorically deny them bond hearings. On September 23, the petitioner filed motions for class certification and a preliminary injunction. Represented by the ACLU, the Harvard Immigration and Refugee Clinical Program, and others, the petitioner sought to compel the government to provide individualized bond hearings. The government subsequently filed an opposition to the preliminary injunction. The government argued that under the plain text of the Immigration and Nationality Act, the petitioner was subject to mandatory detention without bond, and that the district court lacked jurisdiction to intervene in the ongoing removal proceedings.

On October 3, 2025, Judge Saris granted the petitioner’s motion for a preliminary injunction, ordering the government to provide him with an individualized bond hearing. Following the order, Guerrero Orellana received a hearing, was granted a $3,500 bond, and was released from custody on October 10 to return to his family.

On October 30, 2025, despite the government’s arguments that federal immigration statutes barred class-wide relief, the court certified a class of similarly situated noncitizens detained in Massachusetts or subject to the jurisdiction of the Massachusetts Immigration Court.

In November 2025, both parties filed cross-motions for partial summary judgment. The petitioner sought a declaratory judgment that class members were legally entitled to bond hearings upon request. The government reiterated its stance that the plaintiffs were legally considered "applicants for admission" and were therefore subject to mandatory detention without bond under 8 U.S.C. § 1225(b)(2).

On December 19, 2025, the district court ruled in favor of the plaintiffs, granting their motion for partial summary judgment and denying the government's cross-motion. The court entered a partial final judgment declaring that the class members could lawfully seek release on bond or conditional parole under 8 U.S.C. § 1226(a). The court also ordered the government to provide formal notice of these rights to the class members. Following the entry of judgment, the government filed a motion to alter or amend the final judgment, which the plaintiffs opposed on December 31, 2025.

In January 2026, disputes emerged regarding class member identification and the scope of the required notice. The parties disagreed over whether the class definition included individuals who had been transferred out of the Boston area between the filing of the amended complaint on September 22 and the class certification on October 30, 2025. On January 16, 2026, Judge Saris resolved part of the dispute by adopting formal class member identification procedures, ordering the government to provide class counsel with the necessary identification details.

Also on January 16, the government moved to dismiss the remaining counts of the petition (Counts Two through Five). The government argued that the court lacked jurisdiction to review discretionary detention decisions and that ruling on the plaintiffs' remaining constitutional and Administrative Procedure Act claims was unnecessary given the court's previous ruling on statutory grounds. On January 27, the plaintiffs opposed the motion to dismiss and filed a subsequent motion for partial summary judgment.

On January 29, 2026, the court issued an order imposing additional notice requirements, mandating that the government serve a "Second Notice" to class members informing them of their right to file a habeas petition if an immigration judge denied them a bond hearing. On April 7, 2026, the government filed a motion for limited relief from this order, seeking to modify the specific conditions under which this Second Notice must be served based on their experience implementing the procedures. The government noted that the plaintiffs agreed to the newly proposed language.

The government appealed the district court granting a preliminary injunction in the plaintiff's favor to the Court of Appeals for the First Circuit. Oral argument is scheduled for May 4, 2026.

ECF Number	Description	Date	Link Date / Link
1	Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11246834 Fee status: Filing Fee paid., filed by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Araujo, Annelise) (Entered: 09/18/2025) 1 Category Form View on PACER 2 Civil Cover Sheet View on PACER	Sept. 18, 2025	Sept. 18, 2025 RECAP
2	District Judge Angel Kelley: ELECTRONIC ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(JPM) (Entered: 09/18/2025)	Sept. 18, 2025	Sept. 18, 2025
3	ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (CM) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025
4	District Judge Patti B. Saris: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.District Judge Patti B. Saris: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than September 24, 2025.(MM) (Additional attachment(s) added on 9/19/2025: # 1 (Sealed) Service Order) (CGK). (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025 RECAP
5	ELECTRONIC NOTICE of STATUS Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Status Conference set for 9/19/2025 01:45 PM in Remote Proceeding before District Judge Patti B. Saris. (MM) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025
6	General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CGK) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025
7	NOTICE of Appearance by Anuj K. Khetarpal on behalf of Patricia H. Hyde, Todd M Lyons, Kristi L. Noem (Khetarpal, Anuj) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025
8	Electronic Clerk's Notes for proceedings held by video before District Judge Patti B. Saris: Status Conference held on 9/19/2025. The government's response to the habeas petition is due on September 24, 2025. Petitioner's reply is due on September 26, 2025.(Court Reporter: Lee Marzilli at leemarz47@gmail.com.)(Attorneys present: Jatoba De Araujo for Petitioner; Rayford Farquhar for the Government) (CGK) (Entered: 09/19/2025)	Sept. 19, 2025	Sept. 19, 2025
	Notice of Case Assignment	Sept. 19, 2025	Sept. 19, 2025
	Notice of Hearing	Sept. 19, 2025	Sept. 19, 2025
	Status Conference	Sept. 19, 2025	Sept. 19, 2025
9	NOTICE of Appearance by Daniel L. McFadden on behalf of Jose Arnulfo Guerrero Orellano (McFadden, Daniel) (Entered: 09/22/2025)	Sept. 22, 2025	Sept. 22, 2025
10	(FIRST) AMENDED Petition for Writ of Habeas Corpus against Todd M Lyons, Kristi L. Noem, Antone Moniz, Pamela Bondi, David Wesling, Sirce Owen, filed by Jose Arnulfo Guerrero Orellano.(McFadden, Daniel) Modified docket text on 10/14/2025 in accordance in document filed. (CGK). (Entered: 09/22/2025)	Sept. 22, 2025	Sept. 22, 2025 RECAP
11	NOTICE of Appearance by Julian Bava on behalf of Jose Arnulfo Guerrero Orellano (Bava, Julian) (Entered: 09/22/2025)	Sept. 22, 2025	Sept. 22, 2025
12	ELECTRONIC NOTICE of Status Conference.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Per Order of Judge Saris - Status Conference is set for 9/24/2025 12:00 PM in Remote Proceeding before District Judge Patti B. Saris. (MM) (Entered: 09/23/2025)	Sept. 23, 2025	Sept. 23, 2025
13	NOTICE of Appearance by Gilles R. Bissonnette on behalf of Jose Arnulfo Guerrero Orellano (Bissonnette, Gilles) (Entered: 09/23/2025)	Sept. 23, 2025	Sept. 23, 2025
14	MOTION for Preliminary Injunction and Incorporated Memorandum of Law (Expedited Opposition Requested) by Jose Arnulfo Guerrero Orellano.(McFadden, Daniel) (Entered: 09/23/2025)	Sept. 23, 2025	Sept. 23, 2025 RECAP
15	DECLARATION re 14 MOTION for Preliminary Injunction and Incorporated Memorandum of Law (Expedited Opposition Requested) (Declaration of Irene C. Freidel, Esq.) by Jose Arnulfo Guerrero Orellano. (McFadden, Daniel) (Entered: 09/23/2025)	Sept. 23, 2025	Sept. 23, 2025 RECAP
16	DECLARATION re 14 MOTION for Preliminary Injunction and Incorporated Memorandum of Law (Expedited Opposition Requested) (Declaration of Annelise Araujo, Esq.) by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 09/23/2025) 1 Exhibit A View on RECAP	Sept. 23, 2025	Sept. 23, 2025 RECAP
	Notice of Hearing	Sept. 23, 2025	Sept. 23, 2025
17	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of SangYeob Kim Filing fee: $ 125, receipt number AMADC-11256591 by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Affidavit)(Bissonnette, Gilles) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
18	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Chelsea Eddy Filing fee: $ 125, receipt number AMADC-11256620 by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Affidavit)(Bissonnette, Gilles) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
19	NOTICE of Appearance by Adriana Lafaille on behalf of Jose Arnulfo Guerrero Orellano (Lafaille, Adriana) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
20	NOTICE of Appearance by Jessie J. Rossman on behalf of Jose Arnulfo Guerrero Orellano (Rossman, Jessie) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
21	NOTICE of Appearance by Anthony Mirenda on behalf of Jose Arnulfo Guerrero Orellano (Mirenda, Anthony) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
22	NOTICE of Appearance by Christopher Escobedo Hart on behalf of Jose Arnulfo Guerrero Orellano (Hart, Christopher) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
23	District Judge Patti B. Saris: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Chelsea Eddy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CGK) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
24	District Judge Patti B. Saris: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added SangYeob Kim. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CGK) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
25	NOTICE of Appearance by SangYeob Kim on behalf of Jose Arnulfo Guerrero Orellano (Kim, SangYeob) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025 RECAP
26	NOTICE of Appearance by Gilleun Kang on behalf of Jose Arnulfo Guerrero Orellano (Kang, Gilleun) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
27	Electronic Clerk's Notes for proceedings held before District Judge Patti B. Saris: Status Conference held on 9/24/2025 by video.Opposition to Motion for Preliminary Injunction due by 9/30/2025. Preliminary Injunction Hearing scheduled for 10/1/2025 11:30 AM in Courtroom 19 (In person only) before District Judge Patti B. Saris.Motion for Class Certification shall be filed by 9/25/2025.Opposition to Motion for Class Certification shall be filed by 10/9/2025.Hearing on Motion for Class Certification is scheduled for 10/14/2025 at 2:30 PM IN PERSON. (Court Reporter: Lee Marzilli at leemarz47@gmail.com.) (MM) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
28	ELECTRONIC NOTICE of Hearing.Motion for Class Certification Hearing set for 10/14/2025 02:30 PM in Courtroom 19 (In person only) before District Judge Patti B. Saris. (MM) (Entered: 09/24/2025)	Sept. 24, 2025	Sept. 24, 2025
	Order on Motion for Leave to Appear	Sept. 24, 2025	Sept. 24, 2025
	Notice of Hearing	Sept. 24, 2025	Sept. 24, 2025
	Status Conference AND ~Util - Set Deadlines/Hearings	Sept. 24, 2025	Sept. 24, 2025
29	ELECTRONIC NOTICE Setting Hearing on Motion 14 MOTION for Preliminary Injunction and Incorporated Memorandum of Law (Expedited Opposition Requested) : Motion Hearing set for 10/1/2025 11:30 AM in Courtroom 19 (In person only) before District Judge Patti B. Saris. (MM) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
30	NOTICE of Appearance by Chelsea Eddy on behalf of Jose Arnulfo Guerrero Orellano (Eddy, Chelsea ) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
31	MOTION to Certify Class by Jose Arnulfo Guerrero Orellano.(Kang, Gilleun) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
32	MEMORANDUM in Support re 31 MOTION to Certify Class filed by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Exhibit Declaration of Julian Bava, # 2 Exhibit Declaration of Christine Rodriguez, # 3 Exhibit Declaration of My Khanh Ngo, # 4 Exhibit Declaration of Carol Garvan, # 5 Exhibit Declaration of Gilles Bissonnette, # 6 Exhibit Declaration of Sabrineh Ardalan, # 7 Exhibit Declaration of Christopher E. Hart, # 8 Exhibit Declaration of Jessie J. Rossman)(Kang, Gilleun) (Entered: 09/25/2025) 1 Exhibit Declaration of Julian Bava View on PACER 2 Exhibit Declaration of Christine Rodriguez View on RECAP 3 Exhibit Declaration of My Khanh Ngo View on PACER 4 Exhibit Declaration of Carol Garvan View on PACER 5 Exhibit Declaration of Gilles Bissonnette View on PACER 6 Exhibit Declaration of Sabrineh Ardalan View on PACER 7 Exhibit Declaration of Christopher E. Hart View on PACER 8 Exhibit Declaration of Jessie J. Rossman View on PACER	Sept. 25, 2025	Sept. 25, 2025 RECAP
33	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Carol Garvan Filing fee: $ 125, receipt number AMADC-11262002 by Jose Arnulfo Guerrero Orellano. (Attachments: # 1 Exhibit A (Affidavit of Carol Garvan))(Bava, Julian) (Entered: 09/25/2025) 1 Exhibit A (Affidavit of Carol Garvan) View on PACER	Sept. 25, 2025	Sept. 25, 2025

Case: Guerrero Orellana v. Moniz

1:25-cv-12664 | U.S. District Court for the District of Massachusetts

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