District of Massachusetts • 1:25-cv-12734

#1

Sep 24, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11257454 Fee status: Filing Fee paid., filed by Renato Andre Fonseca De Sa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/24/2025)

#2

Sep 24, 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 Paul G. Levenson. (LBO) (Entered: 09/24/2025)

#3

Sep 24, 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 8, 2025. (CAM) (Entered: 09/24/2025)

#4

Sep 24, 2025

General Order 19-02

#5

Sep 24, 2025

Copy re 3 ORDER Concerning Service of Petition and Stay of Transfer or Removal, 1 Petition for Writ of Habeas Corpus (2241), mailed to Duty AUSA Braizer by via email and mailed to USAO and Respondents on 9/24/2025. (CAM) (Entered: 09/24/2025)

Sep 24, 2025

Copy Mailed

Sep 24, 2025

Notice of Case Assignment

#6

Oct 03, 2025

Notice of Appearance

#7

Oct 07, 2025

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

#8

Oct 07, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Renato Andrew Fonseca De Sa’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents note that the relevant facts presented in the instant petition are “materially indistinguishable” from those in Morales v. Plymouth County Correctional Facility, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025), and Chavez Juarez v. Hyde, 25-cv-12668, ECF No. 6 (D. Mass. Oct. 2, 2025). [ECF No. 7 at 4]. In those cases, as well as in Duarte Rocha v. Hyde, No. 25-cv-12584, ECF No. 9 (D. Mass. Oct. 2, 2025), and Martins Valadares v. Hyde, No. 25-cv-12693, ECF No. 8 (D. Mass. Oct. 3, 2025), this 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 same reasoning of [Morales] here, it would reach the same result.” [ECF No. 7 at 4]. On the facts before it, the Court does not find reason to deviate from its prior analysis. 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: 10/07/2025)

Oct 07, 2025

Order AND ~Util - Set Deadlines

#9

Oct 17, 2025

STATUS REPORT by Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L NOEM. (Sauter, Mark) (Entered: 10/17/2025)

#10

Oct 17, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE. (CAM) (Entered: 10/17/2025)