District of Massachusetts • 1:26-cv-11203

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Mar 09, 2026

Petition for Writ of Habeas Corpus - 2241

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Mar 10, 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 Jennifer C. Boal. (LBO) (Entered: 03/10/2026)

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Mar 10, 2026

Order

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Mar 10, 2026

General Order 19-02

Mar 10, 2026

Notice of Case Assignment

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Mar 13, 2026

Notice of Appearance

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Mar 13, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

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Mar 19, 2026

Judge William G. Young ELECTRONIC ORDER entered:The Court has reviewed the petition filed by Petitioner Weslley Rodrigues De Souza ("De Souza") for habeas relief under 28 U.S.C. § 2241 ("Pet."), ECF No. 1, as well as the Respondents response (Resp.), ECF No. 6 . 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 native and citizen of Brazil. Pet. 1 . De Souza entered the United States on or about February 18, 2019. Id. On March 9, 2026, De Souza was detained by Immigration Customs Enforcement ("ICE") and has since remained in its custody. Id. 4-5. 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. 7; see also id. at 4. 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 since his entry in 2019. Pet. 1. 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. Resp. at 1. In his brief, De Souza contends to be a member of the class certified in Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297 (D. Mass. 2025) (Saris, J.). Pet. 19. This Court, however, having independently determined De Souzas entitlement to a bond hearing, declines to determine the effect of the Guerrero Orellana on this case. See Batista v. Hyde, No. 26-cv-10195-FDS, 2026 WL 205636, at *2 n. 2 (D. Mass. Jan. 27, 2026) (Saylor, J.) For the foregoing reasons, the Court rules as follows. The Court ALLOWS the Petition, ECF No. 1, 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, 10 F.4th at 41, 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: 03/19/2026)

Mar 19, 2026

Order

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Mar 23, 2026

Status Report