District of Massachusetts • 1:26-cv-10438

#1

Jan 28, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11506114 Fee status: Filing Fee paid., filed by Raphael Dos Santos Costa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 01/28/2026)

#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 Jennifer C. Boal. (LBO) (Entered: 01/28/2026)

#3

Jan 28, 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). (CEH) (Entered: 01/28/2026)

#4

Jan 28, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 01/28/2026)

#5

Jan 28, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 01/28/2026)

#6

Jan 28, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Shawna Yen, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 1/28/2026 at 3:23 PM and mailed to All Respondents (CEH) (Entered: 01/28/2026)

#7

Jan 28, 2026

NOTICE OF MANUAL FILING by Rafael Dos Santos Costa (Attachments: # 1 Exhibit Exh 1 - Form I220A)(Cerretani, Gabriela) (Entered: 01/28/2026)

Jan 28, 2026

Notice of Case Assignment

Jan 28, 2026

Copy Mailed

#8

Jan 30, 2026

Notice of Appearance

#9

Feb 02, 2026

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

#10

Feb 03, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Rafael Dos Santos Costa’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that “legal issues presented in this Petition are similar to those recently addressed by this Court” [Dkt. 9] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025), 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). Respondents state that “[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result” in this case. [Dkt. 9]. 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 [Dkt. 1] Petition 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

#11

Feb 13, 2026

Status Report