District of Massachusetts • 1:25-cv-12693

#1

Sep 22, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11251729 Fee status: Filing Fee paid., filed by Brener Martins Valadares. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/22/2025)

#2

Sep 22, 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: 09/22/2025)

#3

Sep 22, 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 6, 2025.(CAM) (Entered: 09/22/2025)

#4

Sep 22, 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). (CAM) (Entered: 09/22/2025)

#5

Sep 22, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 General Order 19-02 mailed to Duty AUSA Brazier via email and mailed to USAO and Respondents on 9/22/2025. (CAM) (Entered: 09/22/2025)

Sep 22, 2025

Notice of Case Assignment

Sep 22, 2025

Copy Mailed

#6

Sep 23, 2025

NOTICE of Appearance by Nicole M. O'Connor on behalf of Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L NOEM (O'Connor, Nicole) (Entered: 09/23/2025)

#7

Oct 03, 2025

Abbreviated Response by Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L NOEM to 1 Petition for Writ of Habeas Corpus (2241), . (O'Connor, Nicole) (Entered: 10/03/2025)

#8

Oct 03, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Brener Martins Valadares’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents note that note that the relevant facts presented in the instant petition are “materially indistinguishable,” [ECF No. 7 at 2], from those in Morales v. Plymouth County Correctional Facility, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). In Morales, whose reasoning was further elaborated in Duarte Rocha v. Hyde, No. 25-cv-12584 (D. Mass. Oct. 2, 2025), 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 acknowledge that “[s]hould the Court apply the reasoning of that case here, it would reach the same result.” [ECF No. 7 at 2]. On the facts before it, the Court does not find reason to deviate from its analysis in Morales and Duarte Rocha. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED IN PART. 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: 10/03/2025)

Oct 03, 2025

Order AND ~Util - Set Deadlines

#9

Oct 10, 2025

Status Report

#10

Oct 15, 2025

Order Dismissing Case