District of Massachusetts • 1:25-cv-12963
De Almeida Silva Berto v. Hyde
Terminated
Case Information
Filed: October 10, 2025
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: October 15, 2025
Last Activity:
October 16, 2025
Parties:
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Docket Entries
#1
Oct 10, 2025
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11292672 Fee status: Filing Fee paid., filed by Arthur Yuri De Almeida Silva Berto. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 10/10/2025)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Oct 10, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (SP) (Entered: 10/10/2025)
#3
Oct 10, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered. Petitioner is a thirteen-year-old boy detained at ICEs Burlington temporary holding facility, presumably in the company of unrelated adult detainees. Unless respondents show cause by close of business on Tuesday, October 14, 2025, for grounds justifying the detention of a juvenile in these circumstances, the court order respondents to bring petitioner before an Immigration Judge for a bond hearing no later than Friday, October 17, 2025.(JAM) (Entered: 10/10/2025)
#4
Oct 10, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Department of Homeland Security and Pamela Bondi on 10/10/2025. (JAM) (Entered: 10/10/2025)
#5
Oct 10, 2025
NOTICE of Appearance by Nicole M. O'Connor on behalf of Pamela Bondi, Patricia Hyde, Todd M Lyons, Kristi Noem, U.S. Department of Homeland Security (O'Connor, Nicole) (Entered: 10/10/2025)
Main Document:
Notice of Appearance
Oct 10, 2025
Copy Mailed
Oct 10, 2025
Notice of Case Assignment
Oct 10, 2025
Order
#6
Oct 14, 2025
Assented to MOTION to Seal Document /Response to Show Cause Order by Pamela Bondi, Patricia Hyde, Todd M Lyons, Kristi Noem, U.S. Department of Homeland Security.(O'Connor, Nicole) (Entered: 10/14/2025)
Main Document:
Seal Document
#7
Oct 14, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion to Seal Document Response to Show Cause Order (JAM) (Entered: 10/14/2025)
Oct 14, 2025
Order on Motion to Seal Document
#10
Oct 15, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 1 Emergency Petition for Writ of Habeas Corpus.Petitioner is a thirteen-year-old boy who was detained by ICE on October 9, 2025. Because he is a minor, his detention is governed by the Flores Settlement Agreement, as respondents acknowledge.The court is sensitive to the confidentiality protections afforded juveniles by the Flores Agreement, as well as state and federal law. Consequently, the court will state only the facts essential to its decision. Government counsel attests that the petitioner was in transit to Virginia outside the borders of Massachusetts one hour before the petition was filed and some two hours before the court issued its initial order. Consequently, the court agrees with respondents that it lacks jurisdiction over the merits of the petition.The court does, however, have jurisdiction to determine where proper jurisdiction lies, which is in the Western District of Virginia (as respondents agree). Consequently, the court will order the Clerk of this court to transfer the petition expeditiously to the Clerk of the Western District of Virginia for assignment to a district judge of that court. The government recognizes in its response its obligation to facilitate a prompt bond hearing for petitioner before the Immigration Court (as Flores requires).(RGS, law3) (Entered: 10/15/2025)
#11
Oct 15, 2025
Case transferred to Western District of Virginia;. Original file sent to Clerk in that district. (JAM) (Entered: 10/15/2025)
Oct 15, 2025
Case Transferred Out - District Transfer
Oct 15, 2025
Order
#12
Oct 16, 2025
Notice re Transfer of civil action
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