District of Massachusetts • 1:26-cv-10016

#1

Jan 05, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11451109 Fee status: Filing Fee paid., filed by Welvis Da Silva Sobrinho. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Hurley, Brian) Modified on 1/5/2026: to remove duplicate docket text (EZG). (Entered: 01/05/2026)

#2

Jan 05, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 M. Page Kelley. (CEH) (Entered: 01/05/2026)

#3

Jan 05, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 01/05/2026)

#4

Jan 05, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 01/05/2026)

#5

Jan 05, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 01/05/2026)

#6

Jan 05, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition Emailed to AUSA Michael Sady, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 1/5/2026 at 1:27 PM and mailed to All Respondents. (CEH) (Entered: 01/05/2026)

Jan 05, 2026

Notice of Case Assignment

Jan 05, 2026

Copy Mailed

#7

Jan 06, 2026

Notice of Appearance

#8

Jan 07, 2026

Response to Court Order

#9

Jan 08, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Welvis Da Silva Sobrinho’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the facts and legal issues presented in this Petition are like those addressed by this Court in Amaya Sanchez" and "[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result here." [Dkt. 8 (citing Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10])]. In Amaya Sanchez v. Moniz et al. the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 01/08/2026)

Jan 08, 2026

Order