District of Massachusetts • 1:25-cv-12679

#1

Sep 19, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11249099 Fee status: Filing Fee paid., filed by Edevaldo De Miranda Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/19/2025)

#2

Sep 19, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (SEC) (Entered: 09/19/2025)

#3

Sep 19, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (MBM) (Entered: 09/19/2025)

#4

Sep 19, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than October 3, 2025.(CAM) (Entered: 09/19/2025)

#5

Sep 19, 2025

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to each respondent and courtesy copy emailed to Duty AUSA Balakrishna on 9/19/2025. (CAM) (Entered: 09/19/2025)

Sep 19, 2025

Copy Mailed

Sep 19, 2025

Notice of Case Assignment

#6

Sep 20, 2025

Amended Complaint

#7

Sep 23, 2025

Notice of Appearance

#8

Oct 01, 2025

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

#9

Oct 02, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is petitioner Edevaldo De Miranda Silva’s amended emergency petition for writ of habeas corpus. [ECF No. 6 ]. Respondents note that the facts presented in the instant petition are “materially indistinguishable,” [ECF No. 8 at 2], from Morales v. Plymouth Cnty. Corr. Facility, No. 25-cv-12602, ECF No. 15 (D. Mass. Oct. 1, 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 conclude that “[s]hould the Court apply the reasoning of Morales, it would reach the same result here.” [ECF No. 8 at 2]. On the facts before it, the Court does not find reason to deviate from the analysis presented in Morales. 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, [ECF No. 6 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 10/02/2025)

Oct 02, 2025

Order AND ~Util - Set Deadlines