District of Massachusetts • 1:26-cv-10124

#1

Jan 12, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11468603 Fee status: Filing Fee paid., filed by Vanderli Cassimiro Matias. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Category Form Category form)(Hurley, Brian) (Entered: 01/12/2026)

#2

Jan 12, 2026

Judge Myong J. Joun: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(CM) (Entered: 01/12/2026)

#3

Jan 13, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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. (JKK) (Entered: 01/13/2026)

#4

Jan 13, 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). (EZG) (Entered: 01/13/2026)

#5

Jan 13, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than January 20, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 01/13/2026)

#6

Jan 13, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, David Wesling, Todd Lyons, Kristi Noem, Department of Homeland Security, and Pamela Bondi on 1/13/2026. (Currie, Haley) (Entered: 01/13/2026)

Jan 13, 2026

Copy Mailed

Jan 13, 2026

Notice of Case Assignment

#7

Jan 20, 2026

NOTICE of Appearance by Anuj K. Khetarpal on behalf of Pamela Bondi, Department of Homeland Security, Todd Lyons, Antone Moniz, Kristi Noem, David Wesling (Khetarpal, Anuj) (Entered: 01/20/2026)

#8

Jan 20, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Department of Homeland Security, Todd Lyons, Antone Moniz, Kristi Noem, David Wesling. (Khetarpal, Anuj) (Entered: 01/20/2026)

#9

Jan 20, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Vanderli Cassimiro Matias, a citizen of Brazil who entered the United States in June 2019, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 12, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 14-15. On January 8, 2026, he was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶¶ 2, 17. Cassimiro Matias remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 17. The respondents argue that Cassimiro Matias is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 8, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 8, at 1-2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Cassimiro Matias’ detention. Noncitizens like Cassimiro Matias “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao, 2025 WL 2607924, at *1. Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021). Respondents argue, in the alternative, that the Court “should dismiss the petition because Cassimiro Matias appears to be a member of the class certified in Guerrero Orellana v. Moniz, Civil Action No. 25-cv-12664-PBS, 2025 WL 3687757, at *10 (D. Mass. Dec. 19, 2025).” ECF 8, at 2 n.1. In their view, Cassimiro Matias “cannot obtain relief on his claims—which arise from the same transaction or occurrence at issue in Guerrero Orellana—beyond the declaratory relief that was available in that class action, and [his] claims should be dismissed.” Id. They acknowledge, however, “that this argument was rejected by the Guerrero Orellana court in its order granting class certification.” Id. (citing Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS, 2025 WL 3033769, at *13 (D. Mass. Oct. 30, 2025)). For the reasons outlined by the Court in Guerrero Orellana, this Court agrees that “the premise of this argument—that class members would not be able to seek individual relief if the [Guerrero Orellana court] issue[d] a declaratory judgment—is incorrect.” Guerrero Orellana, 2025 WL 3033769, at *13.For the foregoing reasons, Cassimiro Matias' petition for a writ of habeas corpus under 28 U.S.C. §2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before January 29, 2026, notifying the Court whether Cassimiro Matias has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/20/2026)

Jan 20, 2026

Order

#10

Jan 29, 2026

Status Report

#11

Jan 29, 2026

Judgment