District of Massachusetts • 1:25-cv-12532

#1

Sep 10, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11230625 Fee status: Filing Fee paid., filed by Clerio Pereira De Souza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/10/2025)

#2

Sep 10, 2025

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (BAH) (Entered: 09/10/2025)

#3

Sep 11, 2025

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 Paul G. Levenson. (SEC) (Entered: 09/11/2025)

#4

Sep 11, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 09/11/2025)

#5

Sep 11, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Department of Homeland Security and Pamela Bondi on 9/11/2025. (JAM) (Entered: 09/11/2025)

#6

Sep 11, 2025

ELECTRONIC NOTICE of Hearing.Hearing re PETITION set for 9/24/2025 11:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 09/11/2025)

Sep 11, 2025

Notice of Hearing

Sep 11, 2025

Copy Mailed

Sep 11, 2025

Notice of Case Assignment

#7

Sep 12, 2025

Notice of Appearance

#8

Sep 18, 2025

Response - not related to a motion

#9

Sep 18, 2025

Declaration

Sep 19, 2025

Order

Sep 19, 2025

Notice Cancelling Hearing

#12

Oct 03, 2025

Response to Court Order

#13

Oct 06, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 12 Response to Court Order filed by Kristi L NOEM, Department of Homeland Security, Todd M Lyons, Patricia Hyde, Pamela Bondi. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). The government appears to agree that "an alien detained under § 1226(a) can request a custody redetermination by an Immigration Judge at any time before a final order of removal is issued." Gov't Resp. at 2. Accordingly, the court orders that ICE facilitate a bond hearing for Clerio Pereira De Souza before an Immigration Judge (with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable (but in no cases more than twenty-one (21) days from the date of this Order). Petitioner is to remain in this District until his final merits hearing on his asylum application scheduled for January 12, 2026. (MZ) (Entered: 10/06/2025)

Oct 06, 2025

Order

#14

Nov 04, 2025

Status Report

#15

Nov 04, 2025

Order Dismissing Case