District of Massachusetts • 1:26-cv-11637

#1

Apr 08, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11663509 Fee status: Filing Fee paid., filed by Yhago Luiz Alexandrino Bento E Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - EOIR Hearing Information)(Cerretani, Gabriela) (Entered: 04/08/2026)

#2

Apr 08, 2026

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 Jennifer C. Boal. (JKK) (Entered: 04/08/2026)

#3

Apr 08, 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). (EZG) (Entered: 04/08/2026)

#4

Apr 08, 2026

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 April 15, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/08/2026)

#5

Apr 08, 2026

Copies of the following were mailed to Antone Moniz, David Wesling, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security, and Todd Blanche on 4/8/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/08/2026)

Apr 08, 2026

Notice of Case Assignment

Apr 08, 2026

Copy Mailed

#6

Apr 14, 2026

Notice of Appearance

#7

Apr 14, 2026

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

#8

Apr 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Yhago Luiz Alexandrino Bento E Silva, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 8, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 8, 15, and at 7-8. In July 2022, he entered the United States without inspection, was released after a brief detention, and was served a Notice to Appear in Boston Immigration Court, where his removal proceedings remain pending. Id. ¶¶ 1-2, 16-18. On April 6, 2026, Bento E Silva was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶¶ 3, 19. He remains in ICE custody at the Plymouth County Correctional Facility in Massachusetts. ECF 1, ¶¶ 1, 3, 7-8, 19.The respondents argue that Bento E Silva is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Bento E Silva’s detention.Noncitizens like Bento E Silva “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.” Sampiao, 799 F. Supp. 3d at 19-20. 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, Bento E Silva’s 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 April 24, 2026, notifying the Court whether Bento E Silva has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 04/15/2026)

Apr 15, 2026

Order

#9

Apr 24, 2026

Status Report

#10

Apr 24, 2026

Judgment