District of Massachusetts • 1:26-cv-11403

#1

Mar 23, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11629105 Fee status: Filing Fee paid., filed by Rogerio Pereira Dos Santos. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Notice to Appear, # 4 Exhibit 2 - Custody Determination Documents)(Cerretani, Gabriela) (Entered: 03/23/2026)

#2

Mar 23, 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. (JAM) (Entered: 03/23/2026)

#3

Mar 23, 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: 03/23/2026)

#4

Mar 23, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 03/23/2026)

#5

Mar 23, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 03/23/2026)

#6

Mar 23, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Alexandra Brazier, Rayford Farquhar, and USAMA Civil Process on 3/23/2026 at 4:23 PM and mailed to All Respondents. (CEH) (Entered: 03/23/2026)

Mar 23, 2026

Notice of Case Assignment

Mar 23, 2026

Copy Mailed

#7

Mar 24, 2026

Notice of Appearance

#8

Mar 24, 2026

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

#9

Mar 25, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered.Before the Court is Petitioner Rogerio Pereira Dos Santos's Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that "the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 8 at 1] in De Andrade v. Moniz, No. 25-CV-12455-FDS, 2025 WL 2841844, at *5 (D. Mass. Oct. 7, 2025) in which another court in this District joined this Court in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], as well as other sessions in the District and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. 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. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). 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: 03/25/2026)

Mar 25, 2026

Order