District of Massachusetts • 1:26-cv-10013

#1

Jan 03, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11449769 Fee status: Filing Fee paid., filed by Waschington Jos Batista Pereira. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Category Form Category form)(Hurley, Brian) (Entered: 01/03/2026)

#2

Jan 03, 2026

Judge Myong J. Joun: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (RN) (Entered: 01/03/2026)

#3

Jan 05, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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 Donald L. Cabell. (CM) (Entered: 01/05/2026)

#4

Jan 05, 2026

Service Order-2241 Petition

Jan 05, 2026

Notice of Case Assignment

#5

Jan 06, 2026

General Order 19-02

#6

Jan 14, 2026

Notice of Appearance

#7

Jan 14, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#8

Jan 30, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Waschington José Batista Pereira ("Petitioner"), D. 1, and the government's response, D. 7, the Court ALLOWS the Petition to the following extent. Consistent with this Court's ruling in Dias De Carvalho and Da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"), D. 7 at 1 n.2. See Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited; Da Silva v. Bondi et al., No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) and cases cited. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (LMH) (Entered: 01/30/2026)

Jan 30, 2026

Order

#9

Feb 09, 2026

Status Report

#10

Feb 13, 2026

Order Dismissing Case