Lopez Belloza v. Hyde, 1:25-cv-13499 - CourtListener.com

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Docket Entries Parties and Attorneys Authorities Document Number Date Filed Try again later. 1 Nov 21, 2025 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11375276 Fee status: Filing Fee paid., filed by Any Lucia Lopez Belloza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Pomerleau, Todd) (Entered: 11/21/2025) Main Doc­ument Petition for Writ of Habeas Corpus (2241) Attach­ment 1 Category Form Attach­ment 2 Civil Cover Sheet 2 Nov 21, 2025 Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(CM) (Entered: 11/21/2025) Order 3 Nov 24, 2025 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (CM) (Entered: 11/24/2025) Main Doc­ument Notice of Case Assignment Nov 24, 2025 Copy Mailed Nov 24, 2025 Notice of Case Assignment 4 Nov 24, 2025 Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Main Document 4 replaced on 11/24/2025 to correct spelling error on document) (JAM). (Entered: 11/24/2025) Order 5 Nov 24, 2025 Copy re 1 Petition for Writ of Habeas Corpus (2241) and 4 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Michael Krol, Pamela Bondi and Donald Trump on 11/24/2025. (JAM) (Entered: 11/24/2025) Main Doc­ument Copy Mailed 6 Nov 24, 2025 NOTICE of Appearance by Nicole E. Dill on behalf of Any Lucia Lopez Belloza (Dill, Nicole) (Entered: 11/24/2025) Main Doc­ument Notice of Appearance 7 Dec 3, 2025 NOTICE of Appearance by Mark Sauter on behalf of Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem, Donald J. Trump (Sauter, Mark) (Entered: 12/03/2025) Main Doc­ument Notice of Appearance 8 Dec 3, 2025 RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem, Donald J. Trump. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 12/03/2025) Main Doc­ument Response to Petition for Writ of Habeas Corpus - 2241 9 Dec 4, 2025 Assented to MOTION for Leave to File Reply to Respondents' Response/Answer by Any Lucia Lopez Belloza.(Dill, Nicole) (Entered: 12/04/2025) Main Doc­ument Motion for Leave to File Dec 4, 2025 Order on Motion for Leave to File Document Dec 4, 2025 Order 10 Dec 4, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Petitioner Any Lucia Lopez Belloza attends college in Massachusetts, and prior to enrolling in school here was a resident of Texas. In an affidavit of ICE Assistant Field Director Keith Chan, the government represents that on November 20, 2025, U.S. Customs and Border Protection (CBP) officers, encountered Petitioner at Boston Logan International Airport, took her into custody, and transferred her to the ERO Boston Field Office for processing. Chan Decl. (Dkt #8-1) para. 8. On November 21, 2025, Petitioner was transferred by ICE from Massachusetts to Texas via a flight that departed at 12:27 PM. Id. para. 9. Petitioner arrived in Texas at 4:48 PM on November 21, 2025. Id. At 6:10 PM on November 21, 2025, the federal District Court in Massachusetts issued an Order that "respondents will not remove the petitioner from the jurisdiction of the United States or transfer petitioner to a judicial district outside that of Massachusetts for a period of at least at least 72 hours from the time this Order is docketed." Dkt #2. Petitioner was housed at the Port Isabel detention facility, and on November 22, 2025, ICE put her on a flight that left the United States from Harlingen, Texas at 10:35 AM and landed in Honduras at 1:09 PM. Chan Decl. para. 10. The court will provide petitioner's counsel an opportunity to file a Reply to defendants' Response (Dkt #8) to the petition for Writ of Habeas Corpus (Dkt #1). The Reply should be filed no later than December 11, 2025. (MZ) (Entered: 12/04/2025) Main Doc­ument Order 11 Dec 4, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 9 Motion for Leave to File Reply to Respondents' Response/Answer. See Electronic Order 10 . The court will provide petitioner's counsel an opportunity to file a Reply to defendants' Response (Dkt #8) to the petition for Writ of Habeas Corpus (Dkt #1). The Reply should be filed no later than December 11, 2025. (JAM) (Entered: 12/04/2025) Main Doc­ument Order on Motion for Leave to File 12 Dec 11, 2025 Assented to MOTION for Extension of Time to 12/19/2025 to File Response/Reply as to 11 Order on Motion for Leave to File, 10 Order,,,,,, by Any Lucia Lopez Belloza.(Dill, Nicole) (Entered: 12/11/2025) Main Doc­ument Motion for Extension of Time to File Response/Reply 13 Dec 12, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion for Extension of Time until December 19, 2025, for petitioner to file a Reply to the Government's Response to the petition. (MZ) (Entered: 12/12/2025) Main Doc­ument Order on Motion for Extension of Time to File Response/Reply Dec 12, 2025 Order on Motion for Extension of Time to File Response/Reply 14 Dec 19, 2025 MOTION for Leave to File . (Attachments: # 1 Proposed Amici Curiae Letter)(Gertner, Nancy) (Entered: 12/19/2025) Main Doc­ument Motion for Leave to File Attach­ment 1 Motion for Leave to File Amicus Letter 15 Dec 19, 2025 MOTION for Leave to File amicus curiae brief by American Civil Liberties Union of Massachusetts, Inc., Protect Democracy Project, Inc, Yale Law School Peter Gruber Rule of Law Clinic. (Attachments: # 1 Proposed amicus brief)(Lafaille, Adriana) (Entered: 12/19/2025) Motion for Leave to File Attach­ment 1 Proposed amicus brief 16 Dec 20, 2025 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition by Any Lucia Lopez Belloza. (Attachments: # 1 Exhibit Declaration of Petitioner Any Lucia Lopez Belloza, # 2 Exhibit Declaration of Nicole Dill, Esq. & Accompanying Exhibits, # 3 Exhibit Order of Release on Recognizance)(Pomerleau, Todd) (Entered: 12/20/2025) Main Doc­ument Motion for Order Attach­ment 1 Exhibit Declaration of Petitioner Any Lucia Lopez Belloza Attach­ment 2 Exhibit Declaration of Nicole Dill, Esq. & Accompanying Exhibits Attach­ment 3 Exhibit Order of Release on Recognizance 17 Dec 22, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 14 Motion for Leave to File Amici Curiae Letter. (JAM) (Entered: 12/22/2025) Main Doc­ument Order on Motion for Leave to File Dec 22, 2025 Order on Motion for Leave to File Document Dec 22, 2025 Order 18 Dec 22, 2025 Amici Curiae Letter filed. (JAM) (Entered: 12/22/2025) Main Doc­ument Amicus brief filed 19 Dec 22, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition filed by Any Lucia Lopez Belloza. Having reviewed Petitioner's Reply (filed on Saturday, December 20, 2025, at 11:15 p.m. and received by the court this morning), the court will provide the Government until Friday, January 2, 2026, to respond. (MZ) (Entered: 12/22/2025) Main Doc­ument Order 20 Dec 29, 2025 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Sonia Mittal Filing fee: $ 125, receipt number AMADC-11442752 by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit A)(Lafaille, Adriana) (Entered: 12/29/2025) Main Doc­ument Motion for Leave to Appear Pro Hac Vice Dec 29, 2025 Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear Dec 29, 2025 Order on Motion for Leave to File Document 21 Dec 29, 2025 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of JoAnna Suriani Filing fee: $ 125, receipt number AMADC-11442860 by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit A)(Lafaille, Adriana) (Entered: 12/29/2025) Main Doc­ument Motion for Leave to Appear Pro Hac Vice 22 Dec 29, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added Sonia Mittal and granting 21 Motion for Leave to Appear Pro Hac Vice Added JoAnna Suriani. 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. (JAM) (Entered: 12/29/2025) Main Doc­ument Order on Motion for Leave to Appear 23 Dec 29, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 15 Motion for Leave to File amicus curiae brief. (JAM) (Entered: 12/29/2025) Main Doc­ument Order on Motion for Leave to File 24 Dec 29, 2025 AMICUS BRIEF filed by American Civil Liberties Union of Massachusetts, Inc., Protect Democracy Project, Inc, Yale Law School Peter Gruber Rule of Law Clinic. (JAM) (Entered: 12/29/2025) Main Doc­ument Amicus brief filed 25 Dec 30, 2025 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Harold Koh Filing fee: $ 125, receipt number AMADC-11444681 by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit A)(Lafaille, Adriana) (Entered: 12/30/2025) Main Doc­ument Motion for Leave to Appear Pro Hac Vice Dec 30, 2025 Order on Motion for Leave to Appear 26 Dec 30, 2025 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 25 Motion for Leave to Appear Pro Hac Vice Added Harold Koh. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 12/30/2025) Main Doc­ument Order on Motion for Leave to Appear 27 Jan 2, 2026 REPLY to Response to 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition filed by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem, Donald J. Trump. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sauter, Mark) (Entered: 01/02/2026) Main Doc­ument Reply to Response to Motion Attach­ment 1 Exhibit A Attach­ment 2 Exhibit B Attach­ment 3 Exhibit C 28 Jan 5, 2026 NOTICE of Appearance by Julian Bava on behalf of American Civil Liberties Union of Massachusetts, Inc. (Bava, Julian) (Entered: 01/05/2026) Main Doc­ument Notice of Appearance Jan 5, 2026 Order 29 Jan 5, 2026 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition.The court will schedule a hearing on petitioner's motion for 2:00 pm on Tuesday, January 13, 2026. The hearing will be limited to the following two issues: (1) whether the Government intentionally obscured petitioner's location, such that one of the narrow exceptions to the custodian rule described by the First Circuit in Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000), vests the court with continuing jurisdiction over this habeas case; (2) whether the circumstances underlying the Governments failure to comply with the court's Order staying removal rise to the level of civil contempt.(RGS, law3) (Entered: 01/05/2026) Main Doc­ument Order 30 Jan 6, 2026 ELECTRONIC NOTICE Setting Hearing on Motion 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition : Motion Hearing set for 1/13/2025 02:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 01/06/2026) Main Doc­ument Notice of Hearing on Motion Jan 6, 2026 Notice Setting or Resetting Hearing on Motion 31 Jan 9, 2026 NOTICE of Appearance by Sonia Mittal on behalf of Yale Law School Peter Gruber Rule of Law Clinic (Mittal, Sonia) (Entered: 01/09/2026) Main Doc­ument Notice of Appearance 32 Jan 11, 2026 Notice of Supplemental Authorities re 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition (Pomerleau, Todd) (Entered: 01/11/2026) Main Doc­ument Notice of Supplemental Authorities 33 Jan 12, 2026 ELECTRONIC NOTICE Setting Hearing on Motion 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition : Motion Hearing set for 1/13/2026 02:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 01/12/2026) Main Doc­ument Notice of Hearing on Motion Jan 12, 2026 Notice Setting or Resetting Hearing on Motion 34 Jan 13, 2026 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 1/13/2026 re 16 MOTION for Order to Show Cause and Reply to Opposition to Habeas Petition filed by Any Lucia Lopez Belloza. Court hears argument from the parties. Court expresses doubt that petitioner has shown the requisite furtiveness or bad faith for habeas jurisdiction to remain in this court. Court also expresses doubt that an order of civil contempt is an appropriate remedy. The Government forthrightly acknowledges that it made a mistake and, this incident aside, has a record of complying with stay of removal orders issued by court. Court refocuses discussion on petitioner, an innocent victim in this case. Court is considering means of mediating the parties' dispute in a manner that might allow petitioner to return to the country -- for example, through the issuance of a student visa (petitioner has a full scholarship to Babson College), or through the reopening of her removal case and parole or admission back into the country to address the issues. The matter is taken under advisement. (Court Reporter: Jessica Bisaillon at jsteno99@gmail.com.)(Attorneys present: Pomerleau, Dill, Sauter) (TRM) (Entered: 01/13/2026) Main Doc­ument Motion Hearing Jan 13, 2026 Motion Hearing 35 Jan 16, 2026 MOTION for Sanctions by Any Lucia Lopez Belloza.(Pomerleau, Todd) (Entered: 01/16/2026) Main Doc­ument Motion for Sanctions 36 Jan 16, 2026 MEMORANDUM OF LAW by Any Lucia Lopez Belloza. (Pomerleau, Todd) (Entered: 01/16/2026) Main Doc­ument Memorandum of Law 37 Jan 16, 2026 Judge Richard G. Stearns: ORDER entered granting in part and denying in part 16 Motion for Order. (RGS, law3) (Entered: 01/16/2026) Order on Motion for Sanctions 38 Jan 21, 2026 NOTICE of Appearance by JoAnna Barbara Suriani on behalf of Protect Democracy Project, Inc (Suriani, JoAnna) (Entered: 01/21/2026) Main Doc­ument Notice of Appearance 39 Jan 21, 2026 Transcript of Motion Hearing held on January 13, 2026, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, vie