District of Massachusetts • 1:26-cv-10980

Alves Dos Santos v. Wesling

Completed

Case Information

Filed: February 25, 2026
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 07, 2026
Last Activity: April 07, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 25, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11571213 Fee status: Filing Fee paid., filed by Denis Alves Dos Santos. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 02/25/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 25, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (LBO) (Entered: 02/25/2026)
#3
Feb 25, 2026
NOTICE of Filing of Exhibits by Denis Alves Dos Santos re 1 Petition for Writ of Habeas Corpus (2241), (Attachments: # 1 Exhibit 1 - Form I-286 Custody Determination, # 2 Exhibit 2 - Form I220A)(Cerretani, Gabriela) Modified on 2/25/2026 (CAM). (Entered: 02/25/2026)
Main Document: Notice of Manual Filing
#4
Feb 25, 2026
Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than March 9, 2026. (CAM) (Entered: 02/25/2026)
Main Document: Service Order-2241 Petition
#5
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). (CAM) (Entered: 02/25/2026)
Main Document: General Order 19-02
#6
Feb 25, 2026
Copy re 4 Service Order - 2241 Petition, 3 Notice of Filing, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Ross and Civil Process and mailed to Respondents on 2/25/2026. (CAM) (Entered: 02/25/2026)
Feb 25, 2026
Notice of Case Assignment
Feb 25, 2026
Copy Mailed
#7
Mar 04, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Mar 09, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Mar 16, 2026
Notice - Other
Main Document: Notice - Other
#10
Mar 16, 2026
Exhibit
Main Document: Exhibit
#11
Mar 19, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Denis Alves dos Santos’ emergency petition for writ of habeas corpus. [ECF No. 1 ]. Respondents submit that the legal issues raised in this Petition are similar to those recently addressed by other sessions of this Court in De Andrade v. Moniz, et al., 802 F. Supp. 325 (D. Mass. 2025) and Perez v. Moniz, et al., No. 25-cv-13779 (D. Mass. Dec. 17, 2025). [ECF No. 8 at 1]. In those cases, other sessions of this Court held that noncitizens initially processed under 8 U.S.C. § 1225(b)(1) but later released into the United States on an order of recognizance pursuant to 8 U.S.C. § 1226 were deemed to have entered the country such that they could no longer be treated as “applicant[s] for admission” and subjected to § 1225’s mandatory detention framework. 802 F. Supp. at 332. Respondents further acknowledge that “[s]hould the Court apply the reasoning of De Andrade and Perez... it would likely reach the same result here.” [ECF No. 8 at 3]. On the facts before it, the Court does not find reason to deviate from the analysis in De Andrade and Perez and adopts the reasoning from those cases herein. Petitioner is subject to 8 U.S.C. 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(1). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 03/19/2026)
Mar 19, 2026
Order AND ~Util - Set Deadlines
#12
Mar 31, 2026
Status Report
Main Document: Status Report
#13
Apr 07, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On March 19, 2026, the Court granted Petitioner's habeas petition and ordered that he receive a bond hearing. [ECF No. 11 ]. The government's status report, [ECF No. 12 ], states that Petitioner was provided with a bond hearing and granted bond. Because Petitioner was provided with a bond hearing in accordance with 8 U.S.C. § 1226's discretionary detention framework, this action is DISMISSED. (CAM) (Entered: 04/07/2026)
#14
Apr 07, 2026
Order Dismissing Case
Main Document: Order Dismissing Case
Apr 07, 2026
Order