District of Massachusetts • 1:25-cv-12787

#1

Sep 26, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11263748 Fee status: Filing Fee paid., filed by Adriano Cardoso Dos Santos. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Bade, Jennifer) (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 Jessica D. Hedges. (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, Kristi Noem and Pamela Bondi on 9/26/2025. (CAM) (Entered: 09/26/2025)

Sep 26, 2025

Copy Mailed

Sep 26, 2025

Notice of Case Assignment

#5

Sep 30, 2025

Notice of Appearance

#6

Oct 06, 2025

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

#7

Oct 07, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi Noem, Patricia Hyde, Todd Lyons, Pamela Bondi. Petitioner Adriano Cardoso Dos Santos, a national of Brazil, was residing in Massachusetts when he filed an affirmative application for asylum with U.S. Citizenship and Immigration Services (USCIS) on or about December 8, 2020. Pet. (Dkt #1) para. 1. Cardoso Dos Santos was arrested in Massachusetts by U.S. Immigration and Customs Enforcement (ICE) and/or other federal agents acting on ICEs behalf on September 26, 2025, at the ICE Boston Field Office in Burlington, Massachusetts, during a routine check-in appointment for which he was required to appear. At the time of this arrest, he was not in removal proceedings. Id. para. 2.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 Dos Santos 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). Petitioner is to remain in this District until his merits hearing on his asylum application.(MZ) (Entered: 10/07/2025)

Oct 07, 2025

Order