District of Massachusetts • 1:26-cv-10873

Benvinda Semedo v. Lyons

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Case Information

Filed: February 14, 2026
Assigned to: Julia E. Kobick
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: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 14, 2026
AMENDED COMPLAINT against DONALD JOHN TRUMP, Kristi L NOEM, David Wesling, Todd Lyons, Pamela Bondi, filed by Djeniffer Benvinda Semedo. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Affidavit)(Hurvich, Carl) (Entered: 02/14/2026)
Main Document: Amended Complaint
#2
Feb 14, 2026
District Judge Julia E. Kobick: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.(MC) (Entered: 02/14/2026)
Main Document: Order
#3
Feb 14, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11551236 Fee status: Filing Fee paid., filed by Djeniffer Benvinda Semedo. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit)(Hurvich, Carl) (Entered: 02/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
Attachment 1: Civil Cover Sheet
Attachment 2: Category Form
Attachment 3: Exhibit
#4
Feb 15, 2026
NOTICE of Appearance by Todd C. Pomerleau on behalf of Djeniffer Benvinda Semedo (Pomerleau, Todd) (Entered: 02/15/2026)
Main Document: Notice of Appearance
#5
Feb 16, 2026
AMENDED COMPLAINT First Amended Petition for Writ of Habeas Corpus against DONALD JOHN TRUMP, Kristi L NOEM, David Wesling, Todd Lyons, Pamela Bondi, filed by Djeniffer Benvinda Semedo. (Attachments: # 1 Exhibit Ex. 1 Declaration of Blair Johnson Wylie, M.D., MPH (medical declaration regarding Petitioners pregnancy, hospitalization, and risks of continued detention)., # 2 Exhibit Ex. 2 Declaration of Caleb B. Weiner, Esq. (state-court procedural history and release on personal recognizance)., # 3 Exhibit Ex. 3 Brockton District Court docket, Commonwealth v. Semedo, Djennifer, No. 2215CR003313 (larceny by check under $1,200; dismissed 10/21/2022)., # 4 Exhibit Ex. 4 Brockton District Court docket, Commonwealth v. Ribeiro Semedo, Djeniffer, No. 2415CR001625 (arraignment 4/29/2024; default 6/17/2024; warrant recalled/default removed 2/11/2026; next pretrial 3/9/2026)., # 5 Exhibit Ex. 5 Brockton Police Department report, Ref. 24-912-AR (Apr. 28, 2024) (2 pages).)(Hurvich, Carl) (Entered: 02/16/2026)
Main Document: Amended Complaint
#6
Feb 17, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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. (CM) (Entered: 02/17/2026)
#7
Feb 17, 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). (Currie, Haley) (Entered: 02/17/2026)
Main Document: General Order 19-02
#8
Feb 17, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#9
Feb 17, 2026
Copies re: 5 Amended Petition for Writ of Habeas Corpus (2241) and 8 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Todd Lyons, David Wesling, Kristi Noem, Pamela Bondi and Donald Trump on 2/17/2026. (Currie, Haley) (Entered: 02/17/2026)
#10
Feb 17, 2026
Bond
Main Document: Bond
#11
Feb 17, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to respond to the petitioner's Emergency Motion for Bond, ECF 10, on or before February 19, 2026. (Currie, Haley) (Entered: 02/17/2026)
#12
Feb 17, 2026
Letter/request - non-motion
Main Document: Letter/request - non-motion
Attachment 1: Exhibit
Feb 17, 2026
Notice of Case Assignment
Feb 17, 2026
Copy Mailed
Feb 17, 2026
Order
#13
Feb 19, 2026
Notice of Appearance
Main Document: Notice of Appearance
#14
Feb 19, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#15
Feb 19, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 14 Assented to MOTION for Extension of Time to 3/6/2026 to File Response/Reply as to 5 First Amended PETITION for Writ of Habeas Corpus (2241) Response/Reply due 3/6/2026. (Currie, Haley) (Entered: 02/19/2026)
Feb 19, 2026
Order on Motion for Extension of Time to File Response/Reply
#16
Mar 03, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#17
Mar 09, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#18
Mar 09, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Djennifer Benvinda Semedo, a citizen of Cape Verde who entered the United States in 2015, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 14, 2026 seeking her immediate release. ECF 1, ¶¶ 1, 20, 30. She was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on February 11, 2026 and remained at the Boston Field Office in Burlington, Massachusetts. Id. ¶¶ 8, 23. Two days later, on February 13, Benvinda Semedo was transferred to Beth Israel Deaconess Medical Center (“BIDMC”) while suffering from pregnancy complications. ECF 5, ¶¶ 2, 29; ECF 5-1, ¶ 6. Benvinda Semedo filed an amended habeas petition on February 16, 2026, ECF 5, and an emergency motion for release on bail pending adjudication of her amended petition on February 17, 2026, ECF 10 . Later that day, on February 17, respondents released Benvinda Semedo on an Order of Recognizance issued pursuant to 8 U.S.C. § 1226(a). ECF 12, at 1; ECF 16-1.In a federal court, justiciability requires the existence of an actual case or controversy. U.S. Const. art. III, § 2, cl. 1. Even if an actual case or controversy exists at the inception of litigation, a case becomes moot “when the court is incapable of affording meaningful relief, that is, relief that will ameliorate the harm alleged.” United States v. Sastrom, 96 F.4th 33, 37 (1st Cir. 2024). Benvindo Semedo does not dispute that her emergency motion for release, ECF 10, became moot when she was released on an Order of Recognizance on February 17, 2026. ECF 12, at 1. At that point, Benvindo Semedo was no longer detained, so the Court could no longer grant her requested release.Instead, Benvinda Semedo argues that the claims in her amended petition are not moot because she may be subject to future mandatory detention without bond under 8 U.S.C. §§ 1225 or 1226(c)(1)(E). See ECF 5, ¶¶ 48, 62; ECF 17, at 3, 8. “A habeas petition will become moot once the prisoner is released from custody unless the petitioner can show some sufficient collateral consequence of the underlying proceeding.” Leitao v. Reno, 311 F.3d 453, 455 (1st Cir. 2002). Collateral consequences may be found if “a judgment will affect future litigation or administrative action.” In re Ruiz, 83 F.4th 68, 75 (1st Cir. 2023) (quotation marks omitted).The respondents have released Benvinda Semedo on an Order of Recognizance issued pursuant to 8 U.S.C. § 1226(a). ECF 16-1, at 1; ECF 16, at 1. In so doing, they have effectively conceded that she is not subject to mandatory detention under 8 U.S.C. §§ 1225 or 1226(c)(1)(E), because otherwise they would have been without authority to release her on an Order of Recognizance under 8 U.S.C. § 1226(a). In similar cases, this Court has held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. See Gomes v. Hyde, 804 F. Supp. 3d 265, 275-76 (D. Mass. 2025); dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988, at *7 (D. Mass. Aug. 14, 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 27-28 (D. Mass. 2025). To the extent there remains a dispute about collateral consequences, the Court declares, as the respondents appear to recognize, that Section 1226(a) governs Benvinda Semedo’s release and detention status.The Court further concludes that Benvinda Semedo has not identified any further collateral consequences that would save her amended petition from dismissal. The petition is not saved from dismissal by the capable of repetition, yet evading review and voluntary cessation doctrines, as Benvinda Semedo contends. ECF 17, at 5-9. Neither exception to mootness applies because, as described, Benvinda Semedo’s detention status is governed by Section 1226(a). Thus, the question of whether Benvinda Semedo is subject to mandatory detention under 8 U.S.C. §§ 1225 or 1226(c)(1)(E) is not an issue that is capable of repetition absent changed circumstances, nor could the respondents “return to [their] old ways” under the voluntary cessation doctrine. Friends of the Earth, Inc. v. Laidlaw, 528 U.S. 167, 189 (2000).For the foregoing reasons, Benvinda Semedo’s emergency motion for release, ECF 10, is DENIED as moot, and her amended petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 5, is DISMISSED as moot. (Currie, Haley) (Entered: 03/09/2026)
Mar 09, 2026
Order AND ~Util - Terminate Motions
#19
Mar 12, 2026
Order Dismissing Case
Main Document: Order Dismissing Case