District of Massachusetts • 1:26-cv-10420
Dos Santos Bernardo v. Wesling
Active
Case Information
Filed: January 27, 2026
Assigned to:
Angel Kelley
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
February 13, 2026
Parties:
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Docket Entries
#1
Jan 27, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11503944 Fee status: Filing Fee paid., filed by Willian Dos Santos Bernardo. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(McHugh, Samantha) (Entered: 01/27/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Jan 28, 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 Paul G. Levenson. (LBO) (Entered: 01/28/2026)
#3
Jan 28, 2026
General Order 19-02
Main Document:
General Order 19-02
#4
Jan 28, 2026
Order
Main Document:
Order
#5
Jan 28, 2026
Service Order-2241 Petition
Main Document:
Service Order-2241 Petition
#6
Jan 28, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Shawna Yen, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 1/28/2026 at 10:19 AM and mailed to All Respondents (CEH) (Entered: 01/28/2026)
Jan 28, 2026
Copy Mailed
Jan 28, 2026
Notice of Case Assignment
#7
Jan 30, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#8
Feb 02, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Feb 03, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner William Dos Santos Bernardo’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 8 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which 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: 02/03/2026)
Feb 03, 2026
Order
#10
Feb 13, 2026
Status Report
Main Document:
Status Report
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