District of Massachusetts • 1:26-cv-10742

#1

Feb 10, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11540723 Fee status: Filing Fee paid., filed by Welbert Da Silva Gomes. (Attachments: # 1 Exhibit Exh 1 - Notice to Appear, # 2 Exhibit Exh 2 - Custody Documents, # 3 Category Form, # 4 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 02/10/2026)

#2

Feb 10, 2026

District Judge Julia E. Kobick: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(svm) (Entered: 02/10/2026)

#3

Feb 11, 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 Jessica D. Hedges. (CM) (Entered: 02/11/2026)

#4

Feb 11, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 02/11/2026)

#5

Feb 11, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order emailed to AUSA Mike Fitzgerald, Rayford Farquhar, and USAMA Civil Process on 2/11/2026 at 8:37 AM and mailed to All Respondents (CEH) (Entered: 02/11/2026)

#6

Feb 11, 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: 02/11/2026)

#7

Feb 11, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/11/2026)

Feb 11, 2026

Copy Mailed

Feb 11, 2026

Notice of Case Assignment

#8

Feb 13, 2026

Extension of Time to File Response/Reply

#9

Feb 17, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 8 Assented to MOTION for Extension of Time to 2/18/2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241) (CEH) (Entered: 02/17/2026)

#10

Feb 17, 2026

Notice of Appearance

#11

Feb 17, 2026

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

#12

Feb 17, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Welbert Da Silva Gomes’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that "the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 11 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). The parties 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: 02/17/2026)

Feb 17, 2026

Order on Motion for Extension of Time to File Response/Reply

Feb 17, 2026

Order

#13

Mar 02, 2026

Status Report

Mar 27, 2026

Order