District of Massachusetts • 1:25-cv-13145

#1

Oct 27, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11321990 Fee status: Filing Fee paid., filed by Thomas Paul Evangelista Filho. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Glynn, Thomas) (Entered: 10/27/2025)

#2

Oct 27, 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 Jessica D. Hedges. (CEH) (Entered: 10/27/2025)

#3

Oct 27, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 10/27/2025)

#4

Oct 27, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Antone Moniz and Michael Krol on 10/27/2025. (JAM) (Entered: 10/27/2025)

Oct 27, 2025

Copy Mailed

Oct 27, 2025

Notice of Case Assignment

#5

Oct 29, 2025

Notice of Appearance

#6

Nov 06, 2025

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

#7

Nov 07, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi Noem, Patricia Hyde, Todd Lyons, Michael Krol, Antone Moniz. Petitioner Paulo Evangelista Filho asserts that his custody is governed by 8 U.S.C. § 1226(a), which provides for discretionary detention and a right to an individualized bond hearing. The government maintains its position that because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioners detention, and the due process clause provides Petitioner only those rights conferred by statute. Govt. Resp. at 3.The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Joao Batista De Oliveira before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable (but in no case more than ten (10) days from the date of this Order).(MZ) (Entered: 11/07/2025)

Nov 07, 2025

Order

#8

Nov 13, 2025

Status Report

#9

Nov 14, 2025

Status Report

#10

Nov 18, 2025

Status Report

#12

Nov 19, 2025

Order Dismissing Case

Nov 19, 2025

Order