District of Massachusetts • 1:25-cv-13167

#1

Oct 28, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11324476 Fee status: Filing Fee paid., filed by Lucas Silva Rodrigues. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit)(Cerretani, Gabriela) (Entered: 10/28/2025)

#2

Oct 28, 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 Jessica D. Hedges. (JKK) (Entered: 10/28/2025)

#3

Oct 28, 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 November 4, 2025. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (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). (Currie, Haley) (Entered: 10/28/2025)

#5

Oct 28, 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 Patricia Hyde, Todd M Lyons, Kristi Noem, US Department of Homeland Security and Pamela Bondi on 10/28/2025. (Currie, Haley) (Entered: 10/28/2025)

Oct 28, 2025

Copy Mailed

Oct 28, 2025

Notice of Case Assignment

#6

Oct 31, 2025

Notice of Appearance

#7

Oct 31, 2025

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

#8

Nov 03, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Lucas Silva Rodrigues, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on October 28, 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 Order of Recognizance, and placed in removal proceedings in Chelsea Immigration Court, where his case remains pending. Id. ¶¶ 1, 12-14; seeECF 1-3. Approximately four years later, on October 28, 2025, Silva Rodrigues was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") when he attended his check-in at its office in Burlington, Massachusetts. Id. ¶¶ 2, 6, 15. He remains there in ICE's custody. Id. ¶ 6. The respondents argue that Silva Rodrigues is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2)(A). They acknowledge, however, that this Court's decision in dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), "controls this case." ECF 7, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. dos Santos, 2025 WL 2370988, at *7. Recognizing that "this case is similar to dos Santos," the respondents contend that "[s]hould the Court apply the reasoning of dos Santos, it would reach the same result here. ECF 7, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Silva Rodrigues' detention.Noncitizens like Silva Rodrigues "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 Rodrigues' 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 13, 2025, notifying the Court whether Silva Rodrigues has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/03/2025)

Nov 03, 2025

Order

#9

Nov 12, 2025

Status Report

#10

Nov 14, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The Court notes the respondents' status report, ECF 9 . The parties are ORDERED to file a joint status report within 2 days of the petitioners' rescheduled bond hearing notifying the Court of the outcome of that hearing. (Currie, Haley) (Entered: 11/14/2025)

Nov 14, 2025

Order