District of Massachusetts • 1:25-cv-12737

#1

Sep 24, 2025

Petition for Writ of Habeas Corpus - 2241

#2

Sep 24, 2025

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 Donald L. Cabell. (LBO) (Entered: 09/24/2025)

#3

Sep 24, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than October 1, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 09/24/2025)

#4

Sep 24, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Todd Lyons, Kristi Noem, Pamela Bondi and Department of Homeland Security mailed to on 9/24/2025. (Currie, Haley) (Entered: 09/24/2025)

Sep 24, 2025

Copy Mailed

Sep 24, 2025

Notice of Case Assignment

#5

Sep 26, 2025

Notice of Appearance

#6

Sep 29, 2025

General Order 19-02

#7

Oct 01, 2025

Response - not related to a motion

#8

Oct 01, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Eugenio Augusto De Oliveira Gomes, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 24, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 7. He entered the United States without inspection in July 2022 and was served with a Notice to Appear on September 19, 2022, which was docketed that same day in the Chelmsford Immigration Court. Id. ¶¶ 13, 15-16, 18. His removal proceedings remain pending in that Court, where he sought relief from removal in February 2025. Id. ¶¶ 17-18. After residing in the United States continuously since his arrival in 2022, De Oliveira Gomes was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") in September 2025. Id. ¶¶ 2, 14, 19. He remains in ICE's custody. Id. ¶ 7. The respondents argue that De Oliveira Gomes is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that this Court's decisions in Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025), "control the result in this case if the Court adheres to its reasoning in those decisions." ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. Recognizing that "the principal legal issues in this case substantially overlap with those at issue in Gomes, dos Santos, and Sampiao," the respondents contend that "[s]hould the Court apply the same reasoning of those cases here, it would reach the same result as the facts are materially indistinguishable from the facts here." ECF 7, at 3. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs De Oliveira Gomes's detention.Noncitizens like De Oliveira Gomes "detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified." Sampiao, 2025 WL 2607924, at *1. Bond may be denied only if the government "either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk." Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, De Oliveira Gomes's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before October 10, 2025, notifying the Court whether De Oliveira Gomes has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 10/01/2025)

Oct 01, 2025

Order