District of Massachusetts • 1:26-cv-11573

#1

Apr 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11654704 Fee status: Filing Fee paid., filed by Rafael Henriques Dos Santos. (Attachments: # 1 Civil Cover Sheet Civil Cover, # 2 Category Form Category Form)(Silva, Jonatas) (Entered: 04/03/2026)

#2

Apr 03, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (NMC) (Entered: 04/03/2026)

#3

Apr 03, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 04/03/2026)

#4

Apr 03, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to AUSA Hillary Harnett, Rayford Farquhar, and USAMA Civil Process on 4/3/2026 at 12:28 PM and Mailed to All Respondents (CEH) (Entered: 04/03/2026)

Apr 03, 2026

Notice of Case Assignment

Apr 03, 2026

Copy Mailed

#5

Apr 08, 2026

Notice of Appearance

#6

Apr 08, 2026

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

#7

Apr 09, 2026

Injunctive Relief

#8

Apr 10, 2026

ELECTRONIC NOTICE of Hearing. Emergency Status Conference set for 4/10/2026 09:45 AM in Courtroom 8 (Remote only) before District Judge Angel Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. (MS) (Entered: 04/10/2026)

#9

Apr 10, 2026

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Emergency Status Conference held on 4/10/2026. Counsel do not appear. The court puts the current status on the record and adjourns the hearing. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov. (MS) (Entered: 04/10/2026)

#10

Apr 10, 2026

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Emergency Status Conference held on 4/10/2026. The court reconvenes with counsel. Counsel state the status of the case and the relief sought. The court takes the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Atty Engingro, Atty Silva) (MS) (Entered: 04/10/2026)

#11

Apr 10, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On the evening of April 9, 2026, Petitioner filed a Motion for Injunctive Relief [Dkt. 7] requesting that this Court preserve his right to a custody redetermination hearing based on a change of circumstances scheduled for April 10, 2026 at 10:00 AM. The Court scheduled an Emergency Status Conference for 9:45 AM on April 10, 2026. Petitioner seeks to preserve his right to a renewed custody redetermination before an Immigration Judge based on changed circumstances, and requests an Order that the Immigration Judge cannot disclaim jurisdiction based on a finding that he is subject to mandatory detention pursuant to Matter of Hurtado, 29 I. & N. Dec. 216, 220 (B.I.A. 2025). In Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], 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). Accordingly, the Immigration Judge does have the authority to adjudicate Petitioner's custody redetermination request based on changed circumstances, subject to the relevant statutory provisions. For the foregoing reasons, Petitioner's Motion for Injunctive Relief [Dkt. 7] is GRANTED. Respondents are ORDERED to conduct Petitioner's custody redetermination on the currently scheduled date, April 10, 2026. Respondents are ENJOINED from denying Petitioner bond on the basis that he is subject to mandatory detention pursuant to Matter of Hurtado. The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (CEH) (Entered: 04/10/2026)

Apr 10, 2026

Order on Motion for Injuctive Relief

Apr 10, 2026

Notice of Hearing

Apr 10, 2026

Status Conference

#12

Apr 22, 2026

Status Report

#13

May 06, 2026

Withdraw

#15

May 07, 2026

Order Dismissing Case

May 07, 2026

Order on Motion to Withdraw