District of Massachusetts • 1:26-cv-10871

#1

Feb 14, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11551172 Fee status: Filing Fee paid., filed by David Willian Oliveira Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Qirici, Enxhi) (Entered: 02/14/2026)

#3

Feb 17, 2026

Service Order-2241 Petition

#5

Feb 17, 2026

General Order 19-02

#6

Feb 17, 2026

Order

Feb 17, 2026

Copy Mailed

Feb 17, 2026

Notice of Case Assignment

#7

Feb 19, 2026

Notice of Appearance

#8

Feb 20, 2026

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

#9

Feb 23, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner David Willian Oliveira Silva’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that "the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 11 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], 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). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. 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 [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar 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). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 02/23/2026)

Feb 23, 2026

Order