District of Massachusetts • 1:25-cv-12788

#1

Sep 26, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11263617 Fee status: Filing Fee paid., filed by Kesia Leticia Cardoso De Sa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/26/2025)

#2

Sep 26, 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. (SP) (Entered: 09/26/2025)

#3

Sep 26, 2025

Judge Richard G. Stearns: ORDER entered. Order Concerning Service of Petition and Further Stay of Transfer or Removal.(CAM) (Entered: 09/26/2025)

#4

Sep 26, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition mailed to Patricia Hyde, Todd Lyons, Department of Homeland Security, Kristi Noem and Pamela Bondi on 9/26/2025. (CAM) (Entered: 09/26/2025)

Sep 26, 2025

Notice of Case Assignment

Sep 26, 2025

Copy Mailed

#5

Sep 30, 2025

Notice of Appearance

#6

Sep 30, 2025

Miscellaneous Relief

#7

Oct 01, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion to Transfer Petitioner to South Burlington, Vermont. (JAM) (Entered: 10/01/2025)

Oct 01, 2025

Order on Motion for Miscellaneous Relief

#8

Oct 06, 2025

Response - not related to a motion

#9

Oct 07, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered - re 8 Response filed by Kristi L NOEM, Department of Homeland Security, Todd M Lyons, Patricia Hyde, Pamela Bondi. Petitioner, Kesia Leticia Cardoso De Sa, is a citizen of Brazil who entered the United States without inspection on or about August 8, 2023. She was apprehended at entry, and was served a Notice to Appear (Form I-862) and Order of Release on Recognizance (Form I-220A). Pet. (Dkt #1) para. 1. On September 26, 2025, Immigration and Customs Enforcement (ICE) arrested Cardoso De Sa in Massachusetts and placed her into custody. Cardoso De Sa states that she "is currently scheduled for an Individual Hearing on the merits of her application for relief on January 7, 2026," although she fails to state the nature of her application. Id. para. 17.The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for Cardoso De Sa before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable (but in no case more than twenty-one (21) days from the date of this Order).(MZ) (Entered: 10/07/2025)

Oct 07, 2025

Order

#10

Nov 06, 2025

STATUS REPORT by Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L NOEM. (O'Connor, Nicole) (Entered: 11/06/2025)

#11

Nov 06, 2025

Order Dismissing Case