District of Massachusetts • 1:25-cv-12798

#1

Sep 27, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11265029 Fee status: Filing Fee paid., filed by Luiz Filipe Goncalves Xavier. (Attachments: # 1 Category Form Category Form petitioner Luiz, # 2 Exhibit Civil Cover Sheet Petitioner Luiz, # 3 Exhibit Exhibit with table of contents)(Mandache, Costica) (Entered: 09/27/2025)

#2

Sep 27, 2025

Updated signed Civil Cover Sheet Errata by Luiz Filipe Goncalves Xavier to 1 Petition for Writ of Habeas Corpus (2241), Updated signed Civil Cover Sheet. (Mandache, Costica) (Entered: 09/27/2025)

#3

Sep 29, 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 Jennifer C. Boal. (CM) (Entered: 09/29/2025)

#4

Sep 29, 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 6, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 09/29/2025)

#5

Sep 29, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 2 Attachment, and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Pamela Bondi, Kristi Noem and Donald Trump on 9/29/2025. (Currie, Haley) (Entered: 09/29/2025)

#6

Sep 29, 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). (Currie, Haley) (Entered: 09/29/2025)

#7

Sep 29, 2025

Miscellaneous Relief

Sep 29, 2025

Copy Mailed

Sep 29, 2025

Notice of Case Assignment

#8

Sep 30, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In light of petitioner Luiz Filipe Goncalves-Xavier's emergency motion for release filed yesterday, ECF 7, the respondents are ORDERED to file their answer or a responsive pleading by October 2, 2025 at 12:00 p.m. The Court's September 29, 2025 order is modified accordingly. See ECF 4, at 2. A hearing on Goncalves-Xavier's petition for a writ of habeas corpus and emergency motion will be held on October 3, 2025 at 9:00 a.m. in Courtroom 3. The clerk is directed to serve a copy of the petitioner's emergency motion and this Order upon the respondents and on the United States Attorney for the District of Massachusetts by attaching it to an e-mail sent to her government e-mail address. (Currie, Haley) (Entered: 09/30/2025)

#9

Sep 30, 2025

ELECTRONIC NOTICE of Hearing -Hearing re Petition 1 and Motion Hearing re 7 First MOTION Emergency Release under Mapp v. Reno due to medical disabilities set for 10/3/2025 09:00 AM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 09/30/2025)

Sep 30, 2025

Notice of Hearing

Sep 30, 2025

Order

#10

Oct 01, 2025

Appoint Expert

#11

Oct 02, 2025

NOTICE of Appearance by Julian N. Canzoneri on behalf of Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump (Canzoneri, Julian) (Entered: 10/02/2025)

#12

Oct 02, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump. (Canzoneri, Julian) (Entered: 10/02/2025)

#13

Oct 02, 2025

STATUS REPORT by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump. (Canzoneri, Julian) (Entered: 10/02/2025)

#14

Oct 02, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Luis Filipe Goncalves-Xavier, a citizen of Brazil and a Massachusetts resident, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 seeking his immediate release. ECF 1, ¶¶ 1, 10. Goncalves-Xavier entered the United States on August 25, 2019, and was released the next day on an Order of Recognizance under 8 U.S.C. § 1226(a). Id. ¶ 1; ECF 7-1, Ex. L He has no criminal record, and he suffers from a number of serious medical complications, including autism spectrum disorder, adjustment disorder, epilepsy, schizophreniform disorder, and learning disabilities. ECF 1, ¶¶ 2-7. On or about September 27, 2025, Goncalves-Xavier was arrested by federal agents on behalf of U.S. Immigration and Customs Enforcement ("ICE") and detained in Massachusetts. Id. ¶¶ 8, 13. He filed a petition for a writ of habeas corpus that same day. ECF 1 . Before his petition was assigned to this session, however, Goncalves-Xavier was moved to an ICE detention facility in New York, where he remains detained. ECF 7, at 3. The respondents argue that Goncalves-Xavier is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2)(A). ECF 12, at 2. They acknowledge, however, that this "case is materially indistinguishable" from this Court's prior decision in dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), in which the Court held that "8 U.S.C. § 1226(a)—not§ 1225(b)—governed [the] petitioner's detention." ECF 12, at 2. And the respondents recognize that, "[s]hould the Court apply the reasoning of dos Santos, it would reach the same result here." Id. The Court agrees, and concludes for the reasons stated in dos Santos, Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025), that Goncalves-Xavier is not an applicant for admission subject to mandatory detention under Section 1225(b)(2)(A).Noncitizens subject to detention under § 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." dos Santos, 2025 WL 2370988, 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). Goncalves-Xavier may be subject to detention under § 1226(a) if the government meets its burden of proof following a bond hearing. But in light of Goncalves-Xavier's serious physical and mental health needs and the likelihood of significant harm if he remains in detention—documented in the affidavit of his mother, Thorganne Goncalves Fernandes, ECF 7-1, Ex. G—the equities in this case do not warrant his ongoing detention pending a bond hearing. This case presents one of those extraordinary circumstances where the petitioner must be released immediately, rather than remain detained pending a bond hearing. See Jimenez v. Cronen, 317 F. Supp. 3d 626, 636 (D. Mass. 2018) (because "[h]abeas corpus is an equitable remedy," a "court has the discretion to fashion relief that is fair in the circumstances, including to order an alien's release").Accordingly, Goncalves-Xavier's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to release Goncalves-Xavier from custody on or before 6:00 p.m. on October 3, 2025. Should the respondents still seek to detain him, they are further 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 ORDERED to file a status report by October 6, 2025, confirming that Goncalves-Xavier was released from custody, and a further status report within 10 days of this order notifying the Court whether a bond hearing took place and, if so, whether Goncalves-Xavier has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 10/02/2025)

#15

Oct 02, 2025

ELECTRONIC NOTICE Canceling Hearing - In light of the Court's Electronic Order, ECF 14, the hearing on the petition and motion hearing set for 10/3/2025 is canceled. (Currie, Haley) (Entered: 10/02/2025)

#16

Oct 02, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER denying as moot 10 First MOTION to Appoint Expert Dr K. Munir (Currie, Haley) (Entered: 10/02/2025)

Oct 02, 2025

Notice Cancelling Hearing

Oct 02, 2025

Order on Motion to Appoint Expert

Oct 02, 2025

Order