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 is one of several lawsuits in which a federal court of appeals has addressed whether the mandatory detention (without bond) provision in 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens present in the United States. This case challenges a federal policy denying immigration bond hearings to noncitizens who initially entered the U.S. without inspection. On September 18, 2025, a Salvadoran national who had lived in the U.S. for over twelve years filed a habeas corpus petition in the U.S. Dist…

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

On September 18, 2025, 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 District Judge Patti B. Saris, who issued an order the following day, temporarily halting his transfer out of the district or deportation.

On September 22, 2025, the petitioner filed an amended class-action complaint on behalf of himself and others similarly situated, meaning those arrested or detained and who were not subject to expedited removal or mandatory detention and whom DHS alleges were not previously admitted or paroled in the U.S. but were present in the U.S. without immigration status. The case centered on whether 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a) governed the detention of noncitizens who entered the United States without inspection and remained present without admission, specifically addressing whether such individuals—deemed "applicants for admission" under § 1225(a)(1)—were also "seeking admission" under § 1225(b)(2)(A), thereby subjecting them to mandatory detention without bond.

The petitioner brought five counts against the defendants. Count One alleged violations of immigration law under 8 U.S.C. 1226(a), Counts Two through Four alleged violations of procedural and substantive due process, and Count Five alleged the Board of Immigration Appeals’ (BIA) actions were arbitrary and capricious, in violation of the Administrative Procedure Act (APA). The petitioner alleged that the government was unlawfully relying on the recent BIA decision in 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, arguing that under the plain text of the Immigration and Nationality Act (INA), 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 and ordered the government to provide him with an individualized bond hearing. 802 F.Supp.3d 297. Following the order, the petitioner received a hearing and was granted a $3,500 bond. He was released from custody on October 10, 2025, 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. 813 F.Supp.3d 185. 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, 2025, 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.

The same day, 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 APA claims was unnecessary given the court's previous ruling on the statutory grounds. On January 27, the plaintiffs opposed the motion to dismiss and filed a subsequent motion for partial summary judgment.

On December 2, 2025, the defendants appealed the district court decision granting the petitioner’s motion for a preliminary injunction (Case No. 25-2152) to the U.S. Court of Appeals for the First Circuit.

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.

In the First Circuit on January 30, 2026, the petitioner moved to consolidate cases for briefing and oral argument to expedite the appeal. On February 2, 2026, the court ordered this case to be consolidated with 26-1094.

On August 13, 2026, the First Circuit affirmed the district court orders granting a preliminary injunction and partial summary judgment in favor of the petitioner and a certified class of similarly situated noncitizens. The First Circuit held that noncitizens present without admission were not subject to mandatory detention under § 1225(b)(2)(A) but instead fell under § 1226(a). The court reasoned that the phrase "seeking admission" in § 1225(b)(2)(A) required an active attempt at lawful entry, which did not apply to individuals already present in the country. The majority rejected the government’s argument that the deeming provision in § 1225(a)(1) automatically classified such noncitizens as "seeking admission," finding no textual support for that interpretation and concluding that the reading would render the phrase superfluous, while the petitioner’s interpretation preserved its meaning. The opinion also relied on structural and contextual arguments, noting that the government’s position would create untenable overlap with § 1226(c) and conflict with Supreme Court precedent, including Jennings v. Rodriguez and Nielsen v. Preap. Finally, the majority emphasized that ICE had historically detained such noncitizens under § 1226, undermining the government’s claim that its interpretation reflected congressional intent. In dissent, Circuit Judge Dunlap argued that § 1225(a)(1)’s deeming provision necessarily included noncitizens as "seeking admission," contending that the majority’s interpretation nullified the statute’s plain meaning. 2026 WL 2352042.


1 1:25-cv-12664	Petition for Writ of Habeas Corpus Orellana v. Hyde et al.	Sept. 18, 2025	Sept. 18, 2025 Pleading / Motion / Brief
10 1:25-cv-12664	First Amended Petition For Writ Of Habeas Corpus And Class Action Complaint Orellana v. Moniz et al.	Sept. 22, 2025	Sept. 22, 2025 Complaint
108491411 25-02152	Opinion Orellana v. Moniz et al. U.S. Court of Appeals for the First Circuit	Aug. 13, 2026	Aug. 13, 2026 Order/Opinion 2026 WL 2352042
108491414 25-02152	Judgment Orellana v. Moniz et al. U.S. Court of Appeals for the First Circuit	Aug. 13, 2026	Aug. 13, 2026 Order/Opinion

ECF Number	Date	Description	Link
1	Sept. 18, 2025	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	Clearinghouse
2	Sept. 18, 2025	District Judge Angel Kelley: ELECTRONIC ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(JPM) (Entered: 09/18/2025)	RECAP
3	Sept. 19, 2025	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)	RECAP
4	Sept. 19, 2025	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)	RECAP
5	Sept. 19, 2025	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)	RECAP
6	Sept. 19, 2025	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)	RECAP
7	Sept. 19, 2025	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)	RECAP
8	Sept. 19, 2025	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)	RECAP
	Sept. 19, 2025	Notice of Case Assignment
	Sept. 19, 2025	Notice of Hearing
	Sept. 19, 2025	Status Conference
9	Sept. 22, 2025	NOTICE of Appearance by Daniel L. McFadden on behalf of Jose Arnulfo Guerrero Orellano (McFadden, Daniel) (Entered: 09/22/2025)	RECAP
10	Sept. 22, 2025	(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)	Clearinghouse
11	Sept. 22, 2025	NOTICE of Appearance by Julian Bava on behalf of Jose Arnulfo Guerrero Orellano (Bava, Julian) (Entered: 09/22/2025)	RECAP
12	Sept. 23, 2025	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)	RECAP
13	Sept. 23, 2025	NOTICE of Appearance by Gilles R. Bissonnette on behalf of Jose Arnulfo Guerrero Orellano (Bissonnette, Gilles) (Entered: 09/23/2025)	RECAP
14	Sept. 23, 2025	MOTION for Preliminary Injunction and Incorporated Memorandum of Law (Expedited Opposition Requested) by Jose Arnulfo Guerrero Orellano.(McFadden, Daniel) (Entered: 09/23/2025)	RECAP
15	Sept. 23, 2025	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)	RECAP
16	Sept. 23, 2025	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	RECAP
	Sept. 23, 2025	Notice of Hearing
17	Sept. 24, 2025	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)	RECAP
18	Sept. 24, 2025	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)	RECAP
19	Sept. 24, 2025	NOTICE of Appearance by Adriana Lafaille on behalf of Jose Arnulfo Guerrero Orellano (Lafaille, Adriana) (Entered: 09/24/2025)	RECAP
20	Sept. 24, 2025	NOTICE of Appearance by Jessie J. Rossman on behalf of Jose Arnulfo Guerrero Orellano (Rossman, Jessie) (Entered: 09/24/2025)	RECAP
21	Sept. 24, 2025	NOTICE of Appearance by Anthony Mirenda on behalf of Jose Arnulfo Guerrero Orellano (Mirenda, Anthony) (Entered: 09/24/2025)	RECAP
22	Sept. 24, 2025	NOTICE of Appearance by Christopher Escobedo Hart on behalf of Jose Arnulfo Guerrero Orellano (Hart, Christopher) (Entered: 09/24/2025)	RECAP
23	Sept. 24, 2025	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)	RECAP
24	Sept. 24, 2025	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)	RECAP
25	Sept. 24, 2025	NOTICE of Appearance by SangYeob Kim on behalf of Jose Arnulfo Guerrero Orellano (Kim, SangYeob) (Entered: 09/24/2025)	RECAP
26	Sept. 24, 2025	NOTICE of Appearance by Gilleun Kang on behalf of Jose Arnulfo Guerrero Orellano (Kang, Gilleun) (Entered: 09/24/2025)	RECAP
27	Sept. 24, 2025	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)	RECAP
28	Sept. 24, 2025	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)	RECAP
	Sept. 24, 2025	Order on Motion for Leave to Appear
	Sept. 24, 2025	Notice of Hearing
	Sept. 24, 2025	Status Conference AND ~Util - Set Deadlines/Hearings
29	Sept. 25, 2025	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)	RECAP
30	Sept. 25, 2025	NOTICE of Appearance by Chelsea Eddy on behalf of Jose Arnulfo Guerrero Orellano (Eddy, Chelsea ) (Entered: 09/25/2025)	RECAP
31	Sept. 25, 2025	MOTION to Certify Class by Jose Arnulfo Guerrero Orellano.(Kang, Gilleun) (Entered: 09/25/2025)	RECAP
32	Sept. 25, 2025	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	RECAP
33	Sept. 25, 2025	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	RECAP

Case: Guerrero Orellana v. Moniz

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

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Docket for: Guerrero Orellana v. Moniz

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