District of Massachusetts • 1:26-cv-10255

Timoteo Alves Correia v. Wesling

Active

Case Information

Filed: January 21, 2026
Assigned to: Myong J. Joun
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: February 04, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 21, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11489497 Fee status: Filing Fee paid., filed by Elmara Sofia Timoteo Alves Correia. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 01/21/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jan 21, 2026
Judge Myong J. Joun: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(CM) (Entered: 01/21/2026)
Main Document: Order
#3
Jan 22, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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: 01/22/2026)
#4
Jan 22, 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). (SP) (Entered: 01/22/2026)
Main Document: General Order 19-02
#5
Jan 22, 2026
Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than January 27, 2026.(SP) (Entered: 01/22/2026)
Main Document: Service Order-2241 Petition
#6
Jan 22, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All Respondents on 1/22/2026. (SP) (Entered: 01/22/2026)
Jan 22, 2026
Notice of Case Assignment
Jan 22, 2026
Copy Mailed
#7
Jan 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jan 27, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Jan 28, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Respondents acknowledge that the legal issues presented in this petition are similar to those addressed in Hilario Rodriguez v. Moniz, 25-cv-12358. [Doc. No. 8 at 1]. I incorporate by reference the reasoning in my September 18, 2025 Order granting bond in the Hilario Rodriguez case, [25-cv-12358 Doc. No. 22], and find that Petitioner Elmara Sofia Timoteo Alves Correia (“Petitioner”) is subject to Section 1226(a)’s discretionary detention framework and is thus eligible for bond. The Petition for Writ of Habeas is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this Order. The Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Respondents are further ORDERED to file a status report within 24 hours of the bond hearing, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (SP) (Entered: 01/28/2026)
Jan 28, 2026
Order
#10
Jan 30, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#11
Jan 30, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. On 1/28/26, I granted Ms. Timoteo Alves Correia's Petition for Writ of Habeus Corpus and ordered Respondents to provide her with a bond hearing and, within 24 hours of said bond hearing, to file a status report. On 1/30/26, Respondents filed a motion to transfer Petitioner out of the District to a detention facility in Houston, Texas. Doc. No. 10 . It does not appear that counsel for Respondents conferred with Petitioners counsel prior to filing the instant motion. Counsel for Respondents is directed to confer with Petitioner's counsel, and if there is no agreement, Petitioner shall forthwith file a response to the Respondents motion. (SKY) (Entered: 01/30/2026)
#12
Jan 30, 2026
Opposition to Motion
Main Document: Opposition to Motion
#13
Jan 30, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered re 10 Motion to transfer the Petitioner. I agree with Petitioner that there is no good reason, and none has been advanced by the Respondents, to move her out of the District, especially given that a custody redetermination hearing is scheduled for 2/2/26. For the reasons stated in Petitioner's Opposition, Doc. No. 12, the Respondents' Motion to transfer the Petitioner, Doc. No. 10, is DENIED. (SKY) (Entered: 01/30/2026)
Jan 30, 2026
Order
Jan 30, 2026
Order on Motion for Miscellaneous Relief
#14
Feb 03, 2026
Status Report
Main Document: Status Report
#15
Feb 04, 2026
Order Dismissing Case
Main Document: Order Dismissing Case