District of Massachusetts • 1:26-cv-10343

#1

Jan 25, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11496686 Fee status: Filing Fee paid., filed by Robledo Fernandes Nogueira Da Silva. (Attachments: # 1 Exhibit Custody Determination Documents, # 2 Exhibit Check-in Compliance, # 3 Category Form, # 4 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 01/25/2026)

#2

Jan 25, 2026

Judge Myong J. Joun: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL ORDER entered. (PK) (Entered: 01/25/2026)

#4

Jan 26, 2026

Service Order-2241 Petition

#5

Jan 26, 2026

General Order 19-02

Jan 26, 2026

Notice of Case Assignment

#6

Jan 28, 2026

Amended Document - NOT Motion

#7

Feb 03, 2026

Notice of Appearance

#8

Feb 09, 2026

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

#9

Feb 13, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Amended Petition of Robledo Fernandes Nogueira Da Silva ("Petitioner"), D. 6, and the government's response, D. 8, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, id. at 1, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde, No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025) (Doc. No. 14) and Matheus Araujo Da Silva v. Bondi et al., No. 25-cv-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025)," id.; 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, 2025 WL 2969163, at *2 and cases cited. 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. 8 at 2 n.2. 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), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), 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: 02/13/2026)

Feb 13, 2026

Order