District of Massachusetts • 1:26-cv-11492

#1

Mar 30, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11642763 Fee status: Filing Fee paid., filed by Joao Vitor Faria Gabriel. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Exh 1 - I-200 Warrant, # 4 Exhibit Exh 2 - Notice to Appear, # 5 Exhibit Exh 3 - Custody Documents, # 6 Exhibit Exh 4 - Order of Immigration Judge)(Cerretani, Gabriela) (Entered: 03/30/2026)

#2

Mar 30, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (CEH) (Entered: 03/30/2026)

#3

Mar 30, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/30/2026)

#4

Mar 30, 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). (SEC) (Entered: 03/30/2026)

Mar 30, 2026

Notice of Case Assignment

#5

Apr 13, 2026

Notice of Appearance

#6

Apr 13, 2026

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

#7

Apr 17, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241). Having considered the Petition of Joao Gabriel Faria Gabriel ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 6, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, id. at 1, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde," id.; see Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Consistent with the Court's ruling in Dias De Carvalho and Da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), as Respondents contend, D. 6 at 2 n.2; see Dias De Carvalho, No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited; Matheus Araujo Da Silva v. Bondi et al., No. 25-cv-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) and cases cited. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (SEC) (Entered: 04/17/2026)

Apr 17, 2026

Order

#8

Apr 24, 2026

Status Report

#10

Apr 28, 2026

Order Dismissing Case

Apr 28, 2026

Order