District of Massachusetts • 1:26-cv-11593

#1

Apr 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11657408 Fee status: Filing Fee paid., filed by Emerson Jose Mainardes. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ahn, Sanghyun) (Entered: 04/05/2026)

#2

Apr 06, 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 Donald L. Cabell. (SEC) (Entered: 04/06/2026)

#3

Apr 06, 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: 04/06/2026)

#4

Apr 06, 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 9, 2026.(SP) (Entered: 04/06/2026)

Apr 06, 2026

Notice of Case Assignment

#5

Apr 08, 2026

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

#6

Apr 08, 2026

Notice of Appearance

#7

Apr 14, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. On April 5, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. Doc. No. 1 . Petitioner, a native and citizen of Brazil who entered the United States on September 9, 2000, as a B-2 nonimmigrant "Visitor for Pleasure," was authorized to stay in the United States until March 8, 2001. Doc. No. 5-1 at 1. Petitioner was then arrested on March 31, 2026, and was scheduled to appear before an Immigration Judge on April 13, 2026. Doc. No. 5 at 2. The Government states that Petitioner "is not subject to mandatory detention." Id. Petitioner argues that exhaustion should be waived in this case because "awaiting Immigration Court and Board of Immigration Appeals adjudication would potentially subject Petitioner to months of unlawful detention." Doc. No. 1 at 4. "[8 U.S.C. §] 1226 generally governs the process of arresting and detaining [noncitizens] pending their removal.” Jennings v. Rodriguez, 583 U.S. 281, 288 (2018). The "default rule," id., which applies here, allows for the arrest of the noncitizen pending a decision on removal. When a noncitizen's habeas petition is governed by the discretionary detention framework, and they have failed to exhaust their administrative remedies in front of an Immigration Judge, dismissal of the habeas petition is warranted. See Quinonez Mercado as next friend of Abarca-Jovel v. Dep't of Homeland Sec., No. 1:25-cv-12066, 2025 WL 2430423, at *3 (D. Mass. Aug. 22, 2025). Here, Petitioner has not exhausted his administrative remedies. As the Government correctly noted, Petitioner cites no case or authority to support his proposition that Petitioner is detained unlawfully. See Doc. No. 5 at 4. Petitioner's detention is authorized by 8 U.S.C. § 1226(a), and per that discretionary framework, Petitioner is receiving a bond hearing in front of an Immigration Judge. Further, Petitioner's failure to exhaust his administrative remedies warrants dismissal of this case, see Quinonez Mercado, 2025 WL 2430423, at *3, and his argument to waive exhaustion in this case does not persuade. For these reasons, the Petition for Writ of Habeas Corpus is DENIED.(SP) (Entered: 04/14/2026)

#8

Apr 14, 2026

Order Dismissing Case

Apr 14, 2026

Order