District of Massachusetts • 1:26-cv-11093

#1

Mar 03, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Mar 03, 2026

Judge Brian E. Murphy: ORDER entered EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (JPM) (Entered: 03/03/2026)

#3

Mar 04, 2026

ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Paul G. Levenson. (CM) (Entered: 03/04/2026)

#4

Mar 04, 2026

Judge William G. Young: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. Respondents Shall Answer or Otherwise Respond to the Petition No Later Than Wednesday March 11, 2026. (MAP) (Entered: 03/04/2026)

#5

Mar 04, 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). (MAP) (Entered: 03/04/2026)

Mar 04, 2026

Notice of Case Assignment

#6

Mar 05, 2026

Notice of Appearance

#7

Mar 10, 2026

Response - not related to a motion

#8

Mar 11, 2026

Judge William G. Young ELECTRONIC ORDER entered:The Court has reviewed the petition filed by Petitioner Alessandro Marquez De Souza ("De Souza") for habeas relief under 28 U.S.C. § 2241 ("Petition"), ECF No. 1, as well as the Respondents response, ECF No. 7 . The Court hereby ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), at which the government bears the burden of proving petitioner De Souza poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court further ORDERS Respondents to file a status report -- stating whether petitioner De Souza has been granted bond and, if his request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. FACTUAL BACKGROUND. De Souza is a noncitizen from Brazil. ECF No. 1, 1. De Souza entered the United States without inspection on or about December 24, 2020. Id. 1-2. On March 3, 2026, De Souza was detained by Immigration Customs Enforcement ("ICE") and has since remained in its custody. Id. 9. De Souza contends that his detention, properly governed by 8 U.S.C. § 1226(a), violates his rights under the Due Process Clause of the Fifth Amendment. Id. at 9. Thus, De Souza requests a bond hearing. ANALYSIS. District courts retain jurisdiction to hear noncitizens challenges to the legality of their immigration detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023). Since De Souza challenges his continued detention, this Court has jurisdiction over his petition. De Souza claims he has resided in the United States for around 5 years prior to his detention. ECF No. 1, 7. This Court agrees with petitioner De Souza that his custody is governed by 8 U.S.C. § 1226(a) which, as due process requires, entitles De Souza to a bond hearing before an immigration judge. This conclusion is consistent with a growing body of this courts rulings in similar cases. See., e.g., Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025) (Kobick, J.); De Andrade v. Moniz, 802 F. Supp. 3d 325, 333 (D. Mass. 2025) (Saylor, J.); Araujo da Silva v. Bondi, No. 25-CV-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) (Casper, C.J.); Chuqui Paredes v. Moniz, No. CV 26-10335-FDS, 2026 WL 309632, at *2 (D. Mass. Feb. 5, 2026) (Saylor, J.). Notably, Respondents do not contest petitioner De Souzas eligibility for a bond hearing. ECF No. 7 at 1. For the foregoing reasons, the Court rules as follows. The Court ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), at which the government bears the burden of proving petitioner De Souza poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court ORDERS Respondents to file a status report -- stating whether petitioner De Souza has been granted bond and, if the request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. (MAP) (Entered: 03/11/2026)

Mar 11, 2026

Order

#9

Mar 20, 2026

Status Report

#10

Mar 23, 2026

Judge William G. Young: ELECTRONIC ORDER entered: The government shall notify the Court when bond is posted. (MAP) (Entered: 03/23/2026)

#11

Mar 23, 2026

Status Report

Mar 23, 2026

Order

#12

Mar 24, 2026

Judge William G. Young: ELECTRONIC ORDER entered: As the petitioner is no longer in custody and has obtained the relief requested, the petition is dismissed. Stay orders heretofor entered are lifted. (MAP) (Entered: 03/24/2026)

#13

Mar 24, 2026

Order Dismissing Case

Mar 24, 2026

Order