District of Massachusetts • 1:25-cv-13108

#1

Oct 23, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11317120 Fee status: Filing Fee paid., filed by Elon Silva Bernardi. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 10/23/2025)

#2

Oct 23, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Paul G. Levenson. (JAM) (Entered: 10/23/2025)

#3

Oct 23, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered. The answer or responsive pleading is due no later than October 30, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 10/23/2025)

#4

Oct 23, 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). (Currie, Haley) (Entered: 10/23/2025)

#5

Oct 23, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 3 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Anton Moniz, Patricia Hyde, Pamela Bondi, Todd Lyons, Kristi Noem and US Department of Homeland Security on 10/23/2025. (Currie, Haley) (Entered: 10/23/2025)

Oct 23, 2025

Copy Mailed

Oct 23, 2025

Notice of Case Assignment

#6

Oct 29, 2025

Notice of Appearance

#7

Oct 29, 2025

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

#8

Oct 30, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Elon Silva Bernardi, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on October 23, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 6, 12, 27, 32, 38. In October 2021, he entered the United States without inspection by crossing the southern border, was served with a Notice to Appear, released on an I-220A Order of Recognizance, and placed in removal proceedings in Boston Immigration Court, where he awaits a final merits hearing. Id. ¶¶ 1, 12-14. Silva Bernardi was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") on October 23, 2025. Id. ¶¶ 2, 15-16. He remains in ICE's custody in Burlington, Massachusetts. Id. ¶ 6. The respondents argue that Silva Bernardi is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "the Court would likely reach the same outcome in this case" if it "adhere[d] to its reasoning in" Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), and dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025). ECF 7, at 2. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7. Recognizing "that core questions of law in this case . . . substantially overlap with those at issue in Gomes and dos Santos," the respondents contend that "[s]hould the Court apply the same reasoning it did in those cases to this one, the legal principles espoused in those cases would likely result in the same conclusion here." ECF 7, at 3. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Silva Bernardi's detention.Noncitizens like Silva Bernardi "detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified." dos Santos, 2025 WL 2370988, at *1. Bond may be denied only if the government "either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk." Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Silva Bernardi's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before November 10, 2025, notifying the Court whether Silva Bernardi has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 10/30/2025)

Oct 30, 2025

Order

#9

Nov 07, 2025

Status Report

#10

Nov 07, 2025

Judgment