District of Massachusetts • 1:26-cv-11096

#1

Mar 03, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11585662 Fee status: Filing Fee paid., filed by Erivelton Alves de Oliveira. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cothias, Alma) (Entered: 03/03/2026)

#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 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 Paul G. Levenson. (CM) (Entered: 03/04/2026)

#4

Mar 04, 2026

Service Order-2241 Petition

#5

Mar 04, 2026

General Order 19-02

#6

Mar 04, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Canzoneri and Civil Process and mailed to Respondents on 3/4/2026. (CAM) (Entered: 03/04/2026)

Mar 04, 2026

Copy Mailed

Mar 04, 2026

Notice of Case Assignment

#7

Mar 05, 2026

Notice of Appearance

#8

Mar 17, 2026

Notice - Other

#9

Mar 17, 2026

Stay

#10

Mar 18, 2026

Opposition re 9 First MOTION to Stay Transfer filed by Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, David Westling. (Sady, Michael) (Entered: 03/18/2026)

#11

Mar 18, 2026

RESPONSE/ANSWER to RESPONDENTS MEMORANDUM IN RESPONSE TO PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C § 2241 by Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, David Westling. (Attachments: # 1 Exhibit A)(Sady, Michael) (Entered: 03/18/2026)

#12

Mar 18, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court are Petitioner Erivelton Alves de Oliveira's petition for writ of habeas corpus, [ECF No. 1 ], and motion to stay transfer, [ECF No. 9 ]. A declaration by Acting Assistant Field Office Director Brian E. Sullivan, [ECF No. 11 -1 ("Sullivan Decl.")], establishes the following. Petitioner is a Brazilian citizen who was previously removed from the United States in July 2021. [Id. 6, 12]. In September 2021, Petitioner was encountered for a second time in the United States. [Id. 13]. Petitioner's removal order was reinstated, [id.], and he was released on an order of supervision in October 2021, [id. 14]. On March 2, 2026, Petitioner was redetained, [id. 15], and he was served with notice informing him that his order of supervised release had been revoked on March 4, 2026, [id. 16]. Respondents are now in possession of Petitioner's passport, [id. 18], and are "prepared to expeditiously effectuate Petitioners removal to Brazil," [id. 20]. Petitioner alleges that he was redetained "without proper revocation of his order of supervision." [ECF No. 1 15]; accord [id. at 34]. Specifically, he alleges that he was not "notified of the reasons for revocation of his... release" nor given "an initial informal interview promptly after his or her return to... custody." [Id. at 4 (quoting 8 C.F.R. § 241.4)]. The Sullivan Declaration, however, states that within two days of the revocation of Petitioner's order of supervision, Petitioner received a notice informing him that his order of supervision had been revoked because its purposes had been served, after which Respondents conducted an informal interview. [Sullivan Decl. 1617]. Because Petitioner has already received the process to which the regulations entitled him, his challenge to the revocation of his order of supervision is moot. For the avoidance of doubt, the Court also cannot exercise jurisdiction over a challenge to the execution of Petitioner's final order of removal. 8 U.S.C. § 1252(g). Further, though the Court does not doubt that transferring the Petitioner out of state would create obstacles to his relationship with his current counsel, those obstacles alone do not furnish a legal basis to stay his transfer, particularly where his transfer is incidental to his impending removal. Accordingly, Petitioner's petition, [ECF No. 1 ], and motion to stay, [ECF No. 9 ], are both DENIED. The Court's order, [ECF No. 4 ], prohibiting Petitioner from being "deported, removed, or otherwise transferred outside the United States," is hereby dissolved. (CM) (Entered: 03/18/2026)

#13

Mar 18, 2026

Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(CM) (Entered: 03/18/2026)

#14

Mar 18, 2026

First MOTION for Extension of Time to File Answer by Erivelton Alves de Oliveira.(Cothias, Alma) (Entered: 03/18/2026)

Mar 18, 2026

Order on Motion to Stay

Mar 19, 2026

Order on Motion for Extension of Time to Answer