District of Massachusetts • 1:26-cv-10572

De Oliveira v. Moniz

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Case Information

Filed: February 04, 2026
Assigned to: Myong J. Joun
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: February 11, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 04, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11526405 Fee status: Filing Fee paid., filed by JEFFERSON DE OLIVEIRA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(Voronov, Alina) (Entered: 02/04/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 05, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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. (SP) (Entered: 02/05/2026)
#3
Feb 05, 2026
General Order 19-02
Main Document: General Order 19-02
#4
Feb 05, 2026
Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than February 10, 2026. (SP) (Entered: 02/05/2026)
Main Document: Service Order-2241 Petition
#5
Feb 05, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All Respondents on 2/5/2026. (SP) (Entered: 02/05/2026)
Feb 05, 2026
Notice of Case Assignment
Feb 05, 2026
Copy Mailed
#6
Feb 06, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Feb 06, 2026
Notice - Other
Main Document: Notice - Other
#8
Feb 06, 2026
Notice - Other
Main Document: Notice - Other
#9
Feb 07, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. The Court acknowledges Respondent's notice of intent to transfer Petitioner from the ICE Boston Field Office in Burlington, Massachusetts to the Wyatt Detention Facility in Central Falls, Rhode Island due to his urgent need for medical care, and Petitioner's response that he does not object to the transfer. Doc. Nos. 7 and 8 . The Court grants permission for immediate transfer of Petitioner to Wyatt.(SKY) (Entered: 02/07/2026)
Feb 07, 2026
Order
#10
Feb 10, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Executive Office for Immigration Review, Patricia Hyde, Todd Lyons, Anton Moniz, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 02/10/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Feb 10, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Respondents acknowledge that the legal issues presented in this petition are similar to those addressed in Mota Ramos v. McDonald, 25−cv−13363. [Doc. No. 10 at 1]. I incorporate by reference the reasoning in my December 12, 2025 Order in 25-cv-13363, at Doc No. 18 in that case. I find that Mr. De Oliveira ("Petitioner") is detained subject to 8 U.S.C. § 1231, but the 90-day statutory removal period during which detention is permitted expired in 2015. [Doc. No. 1 at 6]. The statute does not permit Mr. De Oliveira's current detention. The Petition for Writ of Habeas Corpus is GRANTED. Until such time when a decision is made regarding his request for a reasonable fear interview, and unless an order issues stating otherwise, this Court ORDERS Mr. De Oliveira be released to the same conditions as imposed in the August 11, 2016 Order of Supervised Release. (SKY) (Entered: 02/10/2026)
Feb 10, 2026
Order
#12
Feb 11, 2026
Order Dismissing Case
Main Document: Order Dismissing Case