District of Massachusetts • 1:26-cv-10966
Candido De Freitas v. Moniz
Active
Case Information
Filed: February 24, 2026
Assigned to:
Indira Talwani
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
April 22, 2026
Parties:
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Docket Entries
#1
Feb 24, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11569538 Fee status: Filing Fee paid., filed by Felipe Candido De Freitas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Qirici, Enxhi) (Entered: 02/24/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Feb 25, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (CM) (Entered: 02/25/2026)
#3
Feb 25, 2026
Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 02/25/2026)
Main Document:
Service Order-2241 Petition
#4
Feb 25, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SEC) (Entered: 02/25/2026)
Main Document:
General Order 19-02
Feb 25, 2026
Notice of Case Assignment
#5
Feb 26, 2026
Extension of Time
Main Document:
Extension of Time
#6
Feb 27, 2026
Judge Indira Talwani: ELECTRONIC ORDER granting nunc pro tunc Respondents' Motion for Extension of Time to Respond to Habeas Petition [ 5 ]. Respondents' time to answer Petitioner's Petition [ 1 ] is extended to today, February 27, 2026 at 6:00 p.m.. (SEC) (Entered: 02/27/2026)
#7
Feb 27, 2026
Response - not related to a motion
Main Document:
Response - not related to a motion
Feb 27, 2026
Order on Motion for Extension of Time
#8
Mar 03, 2026
Judge Indira Talwani: ELECTRONIC ORDER: Respondents' Opposition to Petition for Writ of Habeas Corpus [ 7 ] states that Petitioner "is detained under 8 U.S.C. § 1226(a)... and is eligible for a bond hearing." Opp'n 1 [ 7 ]. Respondents further note that "Petitioner does not allege that he has requested a bond hearing." Id. Respondents contend the Petition should therefore be dismissed "for Petitioner's failure to exhaust his administrative remedy[.]" Id. at 2. Where Petitioner requests that the court order his "immediate release... or require that he be provided a bond hearing[,]" Pet. ECF 7 [ 1 ], but has not indicated whether he has requested such a hearing from Respondents, Petitioner shall file a Reply with this court no later than March 6, 2026, indicating whether a bond hearing was requested, and, if not, showing cause as to why the court should not dismiss this Petition for failure to exhaust remedies. (SEC) (Entered: 03/03/2026)
Mar 03, 2026
Order
#9
Mar 06, 2026
Response to Court Order
Main Document:
Response to Court Order
#10
Mar 12, 2026
Judge Indira Talwani: ELECTRONIC ORDER: Petitioner filed his Petition for Writ of Habeas Corpus [ 1 ] on February 24, 2026. In their Opposition [ 7 ], Respondents contend that Petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to a bond hearing should he request one. Id. 1–2. The court directed Petitioner to indicate whether a bond hearing was requested, and if not, to show cause why the court should not dismiss the Petition for failing to exhaust remedies. Electronic Order [ 8 ]. Petitioner’s Reply [ 9 ] does not indicate whether Petitioner has requested a hearing (leaving the court to infer that no bond hearing has been requested) but contends that exhaustion in immigration habeas cases is a prudential issue and that the court should not require exhaustion where Petitioner is challenging that his arrest took place prior to the issuance of an arrest warrant. Id. 1–3.As a prudential matter, the court may decline to exercise habeas jurisdiction where an administrative remedy is available. See Cockerham v. Boncher, 125 F.4th 11, 16 (1st Cir. 2024). While Petitioner is also correct that Respondents have not demonstrated that an arrest warrant was properly issued, where Respondents are prepared to provide Petitioner with a bond hearing which will moot this dispute in the event that Petitioner is released, Respondents are directed to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) no later than one week after Petitioner requests a bond hearing, which he may do without waiving his argument that his arrest was improper.If Petitioner is granted bond, his petition at that point will become moot, and to the extent that Petitioner seeks to challenge the alleged unlawful arrest after being released, such a claim would not sound in habeas. If bond is denied, Petitioner may at that point return to this court for further adjudication of his petition. Respondents shall file a status report no later than two days after a bond hearing is held.(SEC) (Entered: 03/12/2026)
Mar 12, 2026
Order
#11
Apr 22, 2026
Judge Indira Talwani: ELECTRONIC ORDER: On March 12, 2026, this court issued an Electronic Order [ 10 ] directing Respondents to “to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) no later than one week after Petitioner requests a bond hearing[.]” Id. The order further directed Respondents to “file a status report no later than two days after a bond hearing is held.” Id. Counsel are directed to file a status report no later than April 24, 2026, indicating whether Petitioner requested a bond hearing, whether Petitioner was released or remains detained, and whether this matter may be closed. (SEC) (Entered: 04/22/2026)
#12
Apr 22, 2026
STATUS REPORT by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Order of IJ)(O'Connor, Nicole) (Entered: 04/22/2026)
Main Document:
STATUS
Apr 22, 2026
Order AND ~Util - Set Deadlines
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