District of Massachusetts • 1:25-cv-12785

#1

Sep 26, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11263458 Fee status: Filing Fee paid., filed by Luiz Gustavo Vasconcelos De Castro. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/26/2025)

#2

Sep 26, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (SP) (Entered: 09/26/2025)

#3

Sep 26, 2025

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition and Stay of Transfer of Removal. (CEH) (Entered: 09/26/2025)

#4

Sep 26, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to AUSA Matthew Lyons, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 9/26/2025 at 4:03PM. (CEH) (Entered: 09/26/2025)

#5

Sep 26, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition mailed to All Respondents on 9/26/2025. (CEH) (Entered: 09/26/2025)

Sep 26, 2025

Notice of Case Assignment

Sep 26, 2025

Copy Mailed

#6

Sep 29, 2025

Order

#7

Sep 29, 2025

Notice of Appearance

#8

Sep 29, 2025

Extension of Time to File Response/Reply

Sep 30, 2025

Order on Motion for Extension of Time to File Response/Reply

#10

Oct 01, 2025

Extension of Time to File Response/Reply

#12

Oct 02, 2025

General Order 19-02

Oct 02, 2025

Order on Motion for Extension of Time to File Response/Reply

#13

Oct 09, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Vasconcelos de Castro’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. The facts presented in the instant Petition appear materially indistinguishable from 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, the Court ORDERS Respondents to include briefing in their response brief due tomorrow why the facts of this case differ from those in Amaya Sanchez. Should Respondents claim the facts differ, Petitioner shall have 3 calendar days to respond. Should the parties agree that the facts do not differ in any material aspect, this Court will find that Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. As a result. Petitioner’s Petition [Dkt. 1] will be GRANTED. Respondents will be ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a). Respondents will be ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). (MAL) (Entered: 10/09/2025)

Oct 09, 2025

Order

#14

Oct 10, 2025

NOTICE of Voluntary Dismissal by Luiz Gustavo Vasconcelos De Castro (Cerretani, Gabriela) (Entered: 10/10/2025)