District of Massachusetts • 1:26-cv-10295

#1

Jan 23, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11493413 Fee status: Filing Fee paid., filed by Mauro Inacio Bernardo. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Qirici, Enxhi) (Entered: 01/23/2026)

#2

Jan 23, 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 Jessica D. Hedges. (JAM) (Entered: 01/23/2026)

#3

Jan 23, 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: 01/23/2026)

#4

Jan 23, 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 30, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 01/23/2026)

#5

Jan 23, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Todd Lyons, Michael Krol, Kristi Noem, Department of Homeland Security and Pamela Bondi on 1/23/2026 (Currie, Haley) (Entered: 01/23/2026)

Jan 23, 2026

Copy Mailed

Jan 23, 2026

Notice of Case Assignment

#6

Jan 29, 2026

Notice of Appearance

#7

Jan 30, 2026

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

#8

Jan 30, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Mauro Inacio Bernardo, a native and citizen of Angola who entered the United States in April 2023, filed an amended petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 23, 2026 seeking a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 23-24, 63-64. On January 20, 2026, he was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶ 27. Inacio Bernardo remains in ICE’s custody in the District at the Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 29.The respondents argue that Inacio Bernardo is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). See ECF 7 . They acknowledge, however, that “the legal issues presented in the Petition are similar to those recently addressed by this Court in dos Santos v. Noem among others.” Id. at 1 (citing dos Santos v. Noem,No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025)). In dos Santos, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. 2025 WL 2370988, at *7; see also Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924, at *8 (D. Mass. Sept. 9, 2025). The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Inacio Bernardo’s detention.Noncitizens like Inacio Bernardo “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).For the foregoing reasons, Inacio Bernardo’s 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 February 9, 2026, notifying the Court whether Inacio Bernardo has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/30/2026)

Jan 30, 2026

Order

#9

Feb 09, 2026

Status Report

#10

Feb 09, 2026

Judgment