District of Massachusetts • 1:26-cv-10431
Teixeira Fernandes v. Wesling
Active
Case Information
Filed: January 28, 2026
Assigned to:
Richard Gaylore Stearns
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 28, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11505586 Fee status: Filing Fee paid., filed by Maximiano Jose Teixeira Fernandes. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lattarulo, Andrew) (Entered: 01/28/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Jan 28, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (LBO) (Entered: 01/28/2026)
#3
Jan 28, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 01/28/2026)
Main Document:
Order
#4
Jan 28, 2026
Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to David Wesling, Todd M Lyons, Antone Moniz, Department of Homeland Security, Kristi L. Noem and Pamela Bondi on 1/28/2026. (JAM) (Entered: 01/28/2026)
Jan 28, 2026
Copy Mailed
Jan 28, 2026
Notice of Case Assignment
#5
Feb 04, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#6
Feb 04, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Feb 05, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L. Noem, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi, Antone Moniz. Petitioner Maximiano Jose Teixeira Fernandes is a native and citizen of Brazil who lawfully entered the United States with a B2 Visa in about November of 2005. On January 28, 2026, Immigration and Customs Enforcement (ICE) agents arrested Petitioner in his community, and he was transported to the Boston ICE Office in Burlington, Massachusetts. Acknowledged by the government, as Teixeira Fernandes is present in the United States on an overstayed visa the court orders that ICE facilitate a bond hearing for him before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than seven days from the date of this Order (by 2/12/26). (MZ) (Entered: 02/05/2026)
Feb 05, 2026
Order
#8
Feb 11, 2026
Status Report
Main Document:
Status Report
Feb 12, 2026
Order
#10
Feb 13, 2026
Response to Order to Show Cause
Main Document:
Response to Order to Show Cause
#11
Feb 13, 2026
Appoint Counsel
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Appoint Counsel
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