District of Massachusetts • 1:25-cv-12728

Pereira de Faria Neto v. Moniz

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Case Information

Filed: September 23, 2025
Assigned to: Richard Gaylore Stearns
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: November 10, 2025
Parties: View All Parties →

Docket Entries

#1
Sep 23, 2025
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11256054 Fee status: Filing Fee paid., filed by Joao Pereira de Faria Neto. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit)(Mandache, Costica) (Entered: 09/23/2025)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 24, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 M. Page Kelley. (LBO) (Entered: 09/24/2025)
#3
Sep 24, 2025
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 09/24/2025)
Main Document: Order
#4
Sep 24, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L NOEM, Pamela Bondi and Donald Trump on 9/24/2025. (JAM) (Entered: 09/24/2025)
Sep 24, 2025
Notice of Case Assignment
Sep 24, 2025
Copy Mailed
#5
Sep 30, 2025
Notice of Appearance
Main Document: Notice of Appearance
#6
Oct 03, 2025
Answer/Response to Petition for Writ of Habeas Corpus - 2254
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2254
Oct 06, 2025
Order
#8
Oct 15, 2025
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Oct 16, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Supplements Response to Petition for Writ of Habeas Corpus filed by Kristi L NOEM, Donald Trump, Patricia Hyde, Todd Lyons, Pamela Bondi, Michael Krol, Antone Moniz. Petitioner Joao Pereira de Faria Neto, a native and citizen of Brazil, filed this habeas petition on September 23, 2025. In his petition, Pereira de Faria Neto states that he was charged with two misdemeanor offenses (driving drunk and driving without a license) on September 6, 2025, and that United States Immigration and Customs Enforcement (ICE) took him into custody a day later, causing him to miss his initial arraignment in Leominster District Court (scheduled for September 8, 2025). Pereira de Faria Neto also claims that he has a pending petition for asylum, however, he fails to supply the court with any details regarding the application (date, status, etc.). See Pet. (Dkt #1) at 7.The government initially responded to the petition on October 3, 2025. In that response, government indicated that Pereira de Faria Neto had (earlier that week) withdrawn his pending bond hearing request. See Dkt #6 at 3. The court requested further briefing from the government concerned that Pereira de Faria Neto was kept from defending himself in his criminal case (based on the missed arraignment allegation). In its Supplemental Response, the government states that Pereira de Faria Neto has access to the Leominster District Court and is in the process of procuring a state habeas to appear at an arraignment. The government represents that "if ICE receives the state habe in adequate time prior to the next criminal hearing, ICE anticipates no issue with facilitating a temporary transfer of custody Petitioner to Plymouth County to transport him to and from Leominster District Court." Gov't Suppl. Br. (Dkt #8) at 4. In light of Pereira de Faria Neto's withdrawal of his request for a bond hearing, his pending criminal charges, and his access to due process regarding those charges (a state habeas was issued to Plymouth County Correctional Facility on October 9, 2025, directing the Plymouth County Sheriff to arrange for Pereira de Faria Netos presence at an arraignment scheduled for October 21, 2025), see Dkt 8-1 at 2, the court directs Joao Pereira de Faria Neto to show cause, no later than October 30, 2025, the basis on which the district court should retain jurisdiction over what appears to be a moot matter.(MZ) (Entered: 10/16/2025)
Oct 16, 2025
Order
#10
Oct 30, 2025
Brief - not related to a motion
Main Document: Brief - not related to a motion
#11
Oct 30, 2025
Exhibit
Main Document: Exhibit
Oct 31, 2025
Order
#13
Nov 07, 2025
Miscellaneous Relief
Main Document: Miscellaneous Relief
Nov 10, 2025
Order on Motion for Miscellaneous Relief