Batista Santiago v. Hyde et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
)
CLAUDIANA BATISTA SANTIAGO, 	)
)
Petitioner, 	)
) 	Civil Action No.
v. 	) 	25-13975-FDS
)
PATRICIA HYDE, et al., 	)
)
Respondents. 	)
_______________________________________)
ORDER CONCERNING STAY OF DEPORATION
OR REMOVAL FROM THE UNITED STATES
SAYLOR, J.
Petitioner Claudiana Batista Santiago, an immigration detainee taken into custody in
Massachusetts, has filed, through counsel, a petition for a writ of habeas corpus. To preserve its
jurisdiction, on December 24, 2025, the Court ordered that petitioner shall not be transferred or
removed outside the District of Massachusetts without advance notice. (Order Concerning Stay
Transfer or Removal, Dkt. No. 4). That same day, before becoming aware of the petition or
order, ICE transferred petitioner outside of the District without the required notice. (Resp’ts’
Notice Inadvertent Transfer, Dkt. No. 6). Petitioner is currently detained in Dilley, Texas. (Id.).
For the reasons stated in the Court’s December 24, 2025 Order, while a United States
District Court does not generally have jurisdiction to review orders of removal, see 8 U.S.C.
§ 1252(a)(l), (g), it does generally have jurisdiction over habeas petitions, see 28 U.S.C.
§ 2241(a), as well as “jurisdiction to determine its own jurisdiction,” Brownback v. King, 592
U.S. 209, 218-19 (2021) (quoting United States v. Ruiz, 536 U.S. 622, 628 (2002)). Although
this Court is without the authority to ultimately determine whether petitioner should be deported,
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in order to preserve the status quo, the Court hereby ORDERS that respondents shall not deport
or otherwise remove petitioner from the United States pending resolution of the petition or as
otherwise ordered by the Court.
So Ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Dated: January 2, 2026 	United States District Court Judge
Case 1:25-cv-13975-FDS Document 8 Filed 01/03/26 Page 2 of 2