District of Massachusetts • 1:25-cv-12756

#1

Sep 25, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11260320 Fee status: Filing Fee paid., filed by Sergio Ribeiro Da Silva. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet, # 3 Category Form)(Hurvich, Carl) (Entered: 09/25/2025)

#2

Sep 25, 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 Jessica D. Hedges. (NMC) (Entered: 09/25/2025)

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Sep 25, 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 2, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 09/25/2025)

#4

Sep 25, 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, Joseph McDonald and Scott Bessent on 9/25/2025. (Currie, Haley) (Entered: 09/25/2025)

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Sep 25, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SP) (Entered: 09/25/2025)

Sep 25, 2025

Copy Mailed

Sep 25, 2025

Notice of Case Assignment

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Sep 30, 2025

Notice of Appearance

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Oct 02, 2025

Exhibit

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Oct 02, 2025

Notice - Other

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Oct 03, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Sergio Ribeiro da Silva, a Brazilian national and Massachusetts resident, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 seeking his immediate release. ECF 1, at 9. Ribeiro da Silva entered the United States near San Luis, Arizona on or about September 14, 2021. ECF 7-1, ¶ 7. An officer with the U.S. Customs and Border Patrol encountered and released him on that date. Id. On November 29, 2021, U.S. Immigration and Customs Enforcement ("ICE") filed in Immigration Court a Notice to Appear charging him as inadmissible. Id. ¶ 8. Since his arrival, Ribeiro da Silva has attended all Immigration Court proceedings, complied with all ICE check-in requirements, and has not been charged with or convicted of any crimes. ECF 1-1, at 4, ¶¶ 3-5. On June 16, 2025, Ribeiro da Silva was arrested and detained by federal agents on behalf of ICE. ECF 7-1, ¶ 9. He then requested and received, on July 17, a bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). Id. ¶ 10. At that hearing, the respondents argued that Ribeiro da Silva was detained under 8 U.S.C. § 1225(b)(2) and was thus ineligible for release on bond. Id.; ECF 1-1, at 93. The Immigration Judge disagreed, finding that Ribeiro da Silva was detained under Section 1226(a) rather than Section 1225(b)(2), and granted his release on a $3,500 bond pursuant to Section 1226(a). ECF 7-1, ¶ 10. On July 18, 2025, the respondents filed a Notice of ICE Intent to Appeal Custody Determination, triggering an automatic stay of Ribeiro da Silvas release under 8 C.F.R. § 1003.19(i)(2). ECF 7-1, ¶ 11. The respondents then timely appealed the Immigration Judge's bond decision to the Board of Immigration Appeals ("BIA"), which had the effect of continuing the automatic stay of the order requiring Ribeiro da Silva's release on bond during the pendency of that appeal. Id. ¶ 12. On September 17, 2025, the Immigration Judge ordered Ribeiro da Silva removed from the United States to Brazil. Id. ¶ 13. Ribeiro da Silva appealed that order to the BIA on October 1, 2025, see ECF 8-1, 8-2, so the order of removal has not become final, see 8 C.F.R. § 1241.1(c) (an "order of removal&nbdsp;. . . become[s] final&nbdsp;. . . "[u]pon expiration of the time allotted for an appeal if the [noncitizen] does not file an appeal within that time"); id. § 1003.38(b) (an appeal of an Immigration Judges decision must be filed "within 30 calendar days"). Ribeiro da Silva filed his petition for a writ of habeas corpus on September 25, 2025, seeking his immediate release on the grounds that, as applied to him, this automatic stay regulation, 8 C.F.R. § 1003.19(i)(2), deprives him of his procedural due process rights, in violation of the Fifth Amendment. ECF 1, ¶¶ 19-24. The respondents contend that Ribeiro da Silva is lawfully detained under the automatic stay regulation. They acknowledge, however, that this Court's recent decision in Sampiao v. Hyde, --- F. Supp. 3d ---, 2025 WL 2607924 (D. Mass. Sept. 9, 2025), "controls this case." ECF 7, at 1. Recognizing that "this case is materially indistinguishable from Sampiao, in which this Court held that § 1003.19(i)(2)," as applied there, "violated [the] petitioner's due process rights," the respondents contend that "[s]hould the Court apply the reasoning of Sampiao, it would reach the same result here." ECF 7, at 3. The Court agrees that the legal questions at issue in this case are the same legal questions decided in Sampiao, and the government has not pointed to any factual circumstances that differentiate this case from the analysis in in Sampiao. First, as in Sampiao, the Immigration Judge correctly determined that Ribeiro da Silva's detention is governed by Section 1226(a)'s discretionary framework, not Section 1225(b)(2). See 2025 WL 2607924, at *7-8. Second, for all the reasons explained in Sampiao, the Court likewise concludes here that, as applied to Ribeiro da Silva, the automatic stay regulation violates his Fifth Amendment procedural due process rights, and he is therefore entitled to immediate release. See id. at *9-12. For the foregoing reasons, Ribeiro da Silva's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to release him from custody immediately upon his posting of the ordered bond, with no additional conditions beyond those imposed by the Immigration Judge in the July 17, 2025 order. ECF 1, 2; ECF 1-1, at 96. The respondents are further ORDERED to file a status report on or before October 8, 2025, confirming that Ribeiro da Silva has been released from custody. (Currie, Haley) (Entered: 10/03/2025)

Oct 03, 2025

Order

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Oct 08, 2025

Status Report

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Oct 08, 2025

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 10/08/2025)