District of Massachusetts • 1:25-cv-13152

#1

Oct 27, 2025

First PETITION for Writ of Habeas Corpus (2241) Habeas Corpus Filing fee: $ 5, receipt number AMADC-11323055 Fee status: Filing Fee paid., filed by Jefferson Carvalho da Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Mandache, Costica) (Entered: 10/27/2025)

#2

Oct 28, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Jennifer C. Boal. (CM) (Entered: 10/28/2025)

#3

Oct 28, 2025

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. Respondents shall answer or otherwise respond to the petition no later than November 7, 2025.(CAM) (Entered: 10/28/2025)

#4

Oct 28, 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). (CAM) (Entered: 10/28/2025)

Oct 28, 2025

Notice of Case Assignment

#5

Oct 29, 2025

Copy re 3 Order, 4 General Order 19-02, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Mundele 10/28/2025 and mailed to Respondents on 10/29/2025. (CAM) (Entered: 10/29/2025)

#6

Oct 29, 2025

Errata

Oct 29, 2025

Copy Mailed

#7

Oct 30, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 6 Motion for Remedying Clerical Error filed by Jefferson Carvalho da Silva. (KF) (Entered: 10/30/2025)

#8

Oct 30, 2025

Amended Complaint

#9

Oct 30, 2025

Service Order-2241 Petition

Oct 30, 2025

Order

#10

Oct 31, 2025

Notice of Appearance

#11

Nov 13, 2025

Response - not related to a motion

#12

Nov 13, 2025

Declaration

#13

Nov 19, 2025

Brief - not related to a motion

#14

Nov 19, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER ENTERED.A hearing is scheduled for 11/25/25 at 10:00 a.m. in Courtroom 17. The parties should be prepared to address (1) under what statutory authority Petitioner was initially released from custody and what statutory authority was cited at the time of Petitioners release, (2) under what statutory authority Petitioner is currently being detained, and (3) whether such detention comports with statutory and due process requirements.(Hearing set for 11/25/2025 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.)(KF)(KF) (Entered: 11/19/2025)

Nov 19, 2025

Order AND ~Util - Set Hearings

#15

Nov 20, 2025

Response - not related to a motion

#16

Nov 20, 2025

First MOTION to Continue Hearing to 12/5/2025 Continue Hearing of Nov. 25, 2025 by Jefferson Rodrigo Goncalves Bento.(Mandache, Costica) (Entered: 11/20/2025)

#17

Nov 20, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Jefferson Rodrigo Goncalves Bento’s petition for writ of habeas corpus. [ECF No. 8 ]. In November 2021, after entering the United States, Petitioner, a native and citizen of Brazil, was issued a notice and order of expedited removal and taken into ICE custody. [ECF No. 12 ¶¶ 6–8]. He was released from ICE custody on his own recognizance on December 3, 2021, and re-detained by ICE on September 2, 2025. [Id. ¶¶ 9–10]. Petitioner expressed a credible fear of persecution or torture, and, after a credible fear interview, USCIS made a negative fear determination. [Id. ¶¶ 10, 12–13]. An immigration judge reviewed and vacated USCIS’s negative fear determination, and ICE initiated removal proceedings against Petitioner, which remain pending. [Id. ¶¶ 14–16].Respondents initially argued that because Petitioner was initially subject to expedited removal he could be detained indefinitely under 8 U.S.C. § 1225(b)(1), arguing that “the only possibility for release available” to him was “a discretionary grant of parole by DHS for ‘urgent humanitarian reasons or significant public benefit’ pursuant to 8 U.S.C. § 1182(d)(5).” [ECF No. 11 at 8]. After the Court scheduled a hearing on the petition and ordered the parties to address under what statutory authority Petitioner was initially released from custody, however, Respondents filed a revised response, clarifying, “[u]pon reassessment,” that “though Petitioner was initially issued a Notice of Expedited Removal..., he was subsequently released on his own recognizance.” [ECF No. 15 at 1]. As such, Respondents contend that Petitioner “is currently detained pursuant to Section 1225(b)(2),” not § 1225(b)(1). [Id.].Respondents also concede, however, that “the legal issues raised in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility, [No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025)].” [Id.]. In Morales, this Court joined other sessions of this Court, 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), not § 1225(b)(2). Respondents concede that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 15 at 1–2]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner, who was released on his own recognizance after being initially detained pursuant to an order of expedited removal, is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 8 ], is GRANTED IN PART. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 11/20/2025)

Nov 20, 2025

1 - Terminate Hearings AND ~Util - Terminate Motions

Nov 20, 2025

Order AND ~Util - Set Deadlines

Nov 20, 2025

Judge Allison D. Burroughs: ORDER entered CANCELLING Hearing previously set for 11/25/2025 and DENYING as MOOT 16 MOTION to Continue Hearing. (CAM)