District of Massachusetts • 1:26-cv-11565

#1

Apr 02, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11653941 Fee status: Filing Fee paid., filed by Rafael De Jesus Ribeiro. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) (Entered: 04/02/2026)

#2

Apr 03, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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 M. Page Kelley. (CM) (Entered: 04/03/2026)

#3

Apr 03, 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). (SP) (Entered: 04/03/2026)

#4

Apr 03, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than April 8, 2026.(SP) (Entered: 04/03/2026)

#5

Apr 03, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, mailed to All Respondents on 4/3/2026. (SP) (Entered: 04/03/2026)

Apr 03, 2026

Notice of Case Assignment

Apr 03, 2026

Copy Mailed

#6

Apr 07, 2026

Notice of Appearance

#7

Apr 07, 2026

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

#8

Apr 16, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. On April 2, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. Doc. No. 1 . As both Petitioner and Respondent acknowledge, Petitioner previously filed a Petition for Writ of Habeas Corpus in this district on December 4, 2025, see Doc. No. 1 at 4; Doc. No. 7 at 1, which was denied on December 23, 2025, see Rafael de Jesus Ribeiro v. Hyde et al., 25-cv-13674 (D. Mass. Dec. 23, 2025). Petitioner does not allege changed facts between now and then other than the passage of four months' time. As noted then and remains true now: Petitioner has a reinstated final order of removal. See 25-cv-13674 at Doc. No. 12 . Petitioner was placed in withholding-only proceedings in May 2025 and was detained by ICE on May 25, 2025. See id. On September 30, 2025, Petitioner's application for relief from an Immigration Judge ("IJ") was denied. Id. Finally, Petitioner filed an appeal with the Board of Immigration Appeals, which remains pending. Doc. No. 1 at 4. 8 U.S.C. § 1231 "governs the detention of [noncitizens] subject to reinstated orders of removal." Johnson v. Guzman Chavez, 594 U.S. 523, 523 (2021). '"[T]he habeas court must ask whether the detention in question exceeds a period reasonably necessary to secure removal." Zadvydas v. Davis, 533 U.S. 678, 699 (2001). While the period "reasonably necessary" to effectuate removal is "presumptively six months," Guzman Chavez, 594 U.S. at 529, quoting Zadvydas, 533 U.S. at 701, the same is generally not true for withholding-only proceedings because they "often take longer than 90 days," Guzman Chavez, 594 U.S. at 525. As stated in the December order in this district: "Nothing before the Court suggests the respondents cannot and will not expeditiously remove Ribeiro to Brazil upon the conclusion of his pending appeal, if the BIA affirms the IJ's decision." 25-cv-13674 at Doc. No. 14. I do not find the last four months have pushed Petitioner's detention from reasonable to unreasonable. His appeal is still pending. Nothing before me suggests the Respondents cannot and will not remove Petitioner upon the conclusion of his appeal, if the IJ's decision is affirmed. For these reasons, the Petition for Writ of Habeas Corpus is DENIED. (SP) (Entered: 04/16/2026)

#9

Apr 16, 2026

Order Dismissing Case

Apr 16, 2026

Order