District of Massachusetts • 1:26-cv-11240

#1

Mar 12, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11606493 Fee status: Filing Fee paid., filed by Everton Levi Mota Santos. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 - Parole Document)(Cerretani, Gabriela) (Entered: 03/12/2026)

#2

Mar 12, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Donald L. Cabell. (CM) (Entered: 03/12/2026)

#3

Mar 12, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 03/12/2026)

#4

Mar 12, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Lindsey Weinstein, Rayford Farquhar, and USAMA Civil Process on 3/12/2026 at 2:12 PM and mailed to All Respondents (CEH) (Entered: 03/12/2026)

#5

Mar 12, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 03/12/2026)

#6

Mar 12, 2026

Order

Mar 12, 2026

Copy Mailed

Mar 12, 2026

Notice of Case Assignment

#7

Mar 13, 2026

Notice of Appearance

#8

Mar 16, 2026

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

#9

Mar 17, 2026

Response - not related to a motion

#10

Mar 23, 2026

District Judge Angel Kelley: ELECTRONIC ORDER GRANTING Petitioner's Petition for a Writ of Habeas Corpus [Dkt. 1]. Petitioner Everton Levi Mota Santos is a noncitizen from Brazil who is currently detained by U.S. Immigration and Customs Enforcement ("ICE"). Petitioner entered the United States around January 25, 2023, was temporarily detained by ICE, and shortly thereafter, was released on humanitarian parole pursuant to 8 U.S.C. 1185(d)(5). More than three years later, on March 12, 2026, at a routine check-in, Petitioner was detained without notice or opportunity to be heard. Respondents allege that Petitioner is subject to mandatory detention under 1225(b)(1) and does not have full Due Process protections. Petitioner argues that he is subject to discretionary detention under 1226(a), and his detention without a bond hearing violates the Immigration and Nationality Act, the Administrative Procedure Act, and Due Process. The facts presented in the instant Petition appear materially indistinguishable from Gomes Cardoso v. Hyde, et al., No. 25-CV-13935-AK, 2026 WL 468200 (D. Mass. Feb. 19, 2026). In Gomes Cardoso, this Court held that full Due Process protections apply to non-citizens who were paroled into the United States under 8 U.S.C. § 1185(d)(A), and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1185(d)(A) are subject to mandatory detention without notice or opportunity to be heard. Accordingly, Petitioner's detention without a bond hearing violates the Due Process Clause.As Petitioner's detention is unlawful under independently dispositive grounds, the Court need not address the parties’ statutory arguments or arguments regarding the validity of Petitioner's removal order. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 03/23/2026)

Mar 23, 2026

Order