District of Massachusetts • 1:26-cv-11052

Costa Alves v. Moniz

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Case Information

Filed: February 27, 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: March 11, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 27, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11578862 Fee status: Filing Fee paid., filed by Pedro Henrique Costa Alves. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit Petitioner's Adjustment of Status Application Receipt Notice, # 4 Exhibit Petitioner's VAWA Application Receipt Notice, # 5 Exhibit Petitioner's VAWA Prima Facie Determination Notice, # 6 Exhibit Petitioner's Mother's Form I-94 Document)(Chatterjee, Shantanu) (Entered: 02/27/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 27, 2026
District Judge Julia E. Kobick: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 02/27/2026)
Main Document: Order
#3
Mar 02, 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 Jessica D. Hedges. (CM) (Entered: 03/02/2026)
#4
Mar 02, 2026
Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/02/2026)
Main Document: Service Order-2241 Petition
#5
Mar 02, 2026
Notice of Appearance
Main Document: Notice of Appearance
Mar 02, 2026
Notice of Case Assignment
#6
Mar 03, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Mar 04, 2026
Trial Brief
Main Document: Trial Brief
#8
Mar 05, 2026
Notice - Other
Main Document: Notice - Other
#9
Mar 05, 2026
Judge Indira Talwani: ELECTRONIC ORDER: In their Opposition to Petitioner's Petition for Writ of Habeas Corpus [ 6 ], Respondents do not contend that Petitioner is subject to expedited removal proceedings or mandatory detention and do not contest Petitioner's eligibility to seek bond in Immigration Court. Id. at 12. Respondents contend, however, that Petitioner has failed to exhaust his administrative remedies, "which allow him access to a bond hearing before the Immigration Court to seek release[.]" Id. at 10. In reply, Petitioner contends that his detention is unlawful because he was detained without a warrant. Reply to Opp'n 12 [ 7 ]. Respondents have now filed a copy of the warrant, dated February 26, 2026, for Petitioner's arrest. Notice Ex. A, at 1 [ 8 ]. Respondents have also filed a copy of the Notice of Custody Determination, which states that Petitioner was detained by the Department of Homeland Security and that Petitioner did "request an immigration judge review of this custody determination" on February 26, 2026. Id. at 2.Where Petitioner requested a bond hearing a week ago and Respondents concede he is entitled to one, Petitioner's Petition for Writ of Habeas Corpus [ 1 ] is GRANTED. At the earliest possible date, and in any event no later than March 9, 2026, Petitioner must be provided a bond hearing pursuant to 8 U.S.C. § 1226(a). Any decision by the immigration judge to retain Petitioner in custody following a bond hearing pursuant to 8 U.S.C. § 1226(a) shall set forth the reasons for the continued detention. Respondents shall file a status report no later than March 11, 2026.(Talwani, Indira) (Entered: 03/05/2026)
Mar 05, 2026
Order
#10
Mar 11, 2026
Status Report
Main Document: Status Report
#11
Mar 11, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal