Western District of Virginia • 5:25-cv-00112
De Almeida Silva Berto v. Hyde
Active
Case Information
Filed: October 15, 2025
Assigned to:
Jasmine H. Yoon
Referred to:
Joel C. Hoppe
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 13, 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) [Transferred from Massachusetts on 10/16/2025.]
#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) [Transferred from Massachusetts on 10/16/2025.]
#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) [Transferred from Massachusetts on 10/16/2025.]
#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) [Transferred from Massachusetts on 10/16/2025.]
#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) [Transferred from Massachusetts on 10/16/2025.]
Main Document:
NOTICE
#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) [Transferred from Massachusetts on 10/16/2025.]
#7
Oct 14, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion to Seal Document Response to Show Cause Order (JAM) [Transferred from Massachusetts on 10/16/2025.]
#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) [Transferred from Massachusetts on 10/16/2025.]
#11
Oct 15, 2025
Case transferred to Western District of Virginia;. Original file sent to Clerk in that district. (JAM) [Transferred from Massachusetts on 10/16/2025.]
#12
Oct 15, 2025
Case transferred in from District of Massachusetts; Case Number 1:25-cv-12963. Original file certified copy of transfer order and docket sheet received. (Entered: 10/16/2025)
Main Document:
Case Transferred In - District Transfer
Oct 15, 2025
Case Transferred Out - District (closes case)
Oct 15, 2025
Order
#13
Oct 16, 2025
NOTICE of Appearance by Laura Day Taylor on behalf of All Defendants (Taylor, Laura)
Oct 16, 2025
Notice of Appearance
#14
Oct 17, 2025
ORAL ORDER: This case was transferred from the United States District Court for the District of Massachusetts on October 15, 2025. Petitioner is a thirteen-year-old boy who was detained by ICE in Massachusetts on October 9, 2025. He is currently in custody at the Northwestern Regional Juvenile Detention Center in Winchester, Virginia. Prior to the transfer of the case to this court, Respondents agreed that Petitioner is entitled to a bond hearing before an Immigration Judge. (See Dkt. 8 .) The court ORDERS Respondents to bring Petitioner before the Immigration Court for a bond hearing no later than Wednesday, October 22, 2025. Entered by District Judge Jasmine H. Yoon on October 17, 2025. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order mailed to Pro Se Party via US Mail) (dsa)
Oct 17, 2025
Order
#15
Oct 31, 2025
Mail Returned
Main Document:
Mail Returned
Nov 06, 2025
Order to Respond
#17
Nov 13, 2025
Notice (Other)
Main Document:
Notice (Other)
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