District of Massachusetts • 1:25-cv-13009

#1

Oct 14, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11298385 Fee status: Filing Fee paid., filed by Jeferson Braz Da Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 10/14/2025)

#2

Oct 15, 2025

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 Jennifer C. Boal. (CM) (Entered: 10/15/2025)

#3

Oct 15, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than October 29, 2025.(CAM) (Entered: 10/15/2025)

#4

Oct 15, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CAM) (Entered: 10/15/2025)

Oct 15, 2025

Notice of Case Assignment

Oct 16, 2025

Copy Mailed

#6

Oct 23, 2025

Notice of Appearance

#7

Oct 23, 2025

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

#8

Nov 05, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Currently before the Court is petitioner Jeferson Braz da Silva’s 28 U.S.C. § 2241 emergency habeas corpus petition. [ECF No. 1 ]. Petitioner has been detained by Immigration and Customs Enforcement (“ICE”) since May 8, 2025, and his withholding-only proceedings remain pending. Id. Petitioner argues that because he cannot be removed until his withholding proceedings are resolved, his continued detention no longer serves its statutory purpose and is in violation of the Due Process Clause and 8 U.S.C. § 1231(a). Id. Petitioner’s claims are foreclosed because the First Circuit has clearly held that parties detained while withholding-only proceedings are pending are not entitled to habeas relief premised on the length of their detention. G.P. v. Garland, 103 F.4th 898, 902 (1st Cir. 2024). Although petitioner is correct that a person who has exhausted the available administrative challenges cannot be detained indefinitely in a “removable-but-unremovable limbo,” Jama v. Immigr. & Customs Enf’t, 543 U.S. 335, 347 (2005) (citing Zadvydas v. Davis, 533 U.S. 678 (2001)), when the government cannot effectuate their removal, that is not the procedural posture of this case. Accordingly, Petitioner’s Emergency Petition for Writ of Habeas Corpus, [ECF No. 1 ], is DENIED.(CAM) (Entered: 11/05/2025)

#9

Nov 05, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE (CAM) (Entered: 11/05/2025)

Nov 05, 2025

Order