District of Massachusetts • 1:26-cv-11692

#1

Apr 11, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11672245 Fee status: Filing Fee paid., filed by Luis Fernando De Oliveira Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Silva, Jonatas) (Main Document 1 replaced on 4/13/2026) (MAC). (Additional attachment(s) added on 4/13/2026: # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E) (MAC). Modified on 4/13/2026: Removed duplicate text and properly file exhibits as separate attachments. (MAC) (Entered: 04/11/2026)

#2

Apr 13, 2026

Notice of correction to docket made by Court staff. Correction: Dkt. 1 corrected because: Exhibits need to be filed as separate attachments. (MAC) (Entered: 04/13/2026)

#3

Apr 13, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Paul G. Levenson. (JAM) (Entered: 04/13/2026)

#4

Apr 13, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than April 23, 2026.(CAM) (Entered: 04/13/2026)

#5

Apr 13, 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). (CAM) (Entered: 04/13/2026)

#6

Apr 13, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Mundele and mailed to Respondents on 4/13/2026. (CAM) (Entered: 04/13/2026)

Apr 13, 2026

Notice of correction to docket made by Court staff

Apr 13, 2026

Notice of Case Assignment

Apr 13, 2026

Copy Mailed

#7

Apr 22, 2026

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

#8

Apr 29, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. A hearing is scheduled for 5/11/26 at 9:30 a.m. in Courtroom 17. The parties should be prepared to address (1) under what statutory authority Petitioner was initially released from custody and what statutory authority was cited at the time of Petitioner's release, (2) under what statutory authority Petitioner is currently being detained, and (3) whether such detention comports with statutory and due process requirements.(Hearing set for 5/11/2026 09:30 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.)(KF) (Entered: 04/29/2026)

Apr 29, 2026

Order AND ~Util - Set Hearings

#9

May 08, 2026

RESPONSE/ANSWER to Court's Order Re May 11 Hearing 1 Petition for Writ of Habeas Corpus (2241),, by Timothy Baptiste. (Attachments: # 1 Exhibit I-860, # 2 Exhibit I-867, # 3 Exhibit Parole Notice, # 4 Exhibit Rapsheet, # 5 Exhibit I-200, # 6 Exhibit Asylum Interviews, # 7 Exhibit IJ Order)(Tolkoff, Benjamin) (Entered: 05/08/2026)

#10

May 08, 2026

ELECTRONIC NOTICE OF RESCHEDULING. Hearing reset for 5/11/2026 01:00 PM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. NOTICE IS FOR TIME CHANGE ONLY. (KF) (Entered: 05/08/2026)

#11

May 08, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Luis Fernando De Oliveira Silva’s petition for writ of habeas corpus, [ECF No. 1 ], to which the government has responded, [ECF No. 7 ]. Petitioner entered the United States illegally on November 5, 2021, [ECF No. 9-2 at 3], and was placed in expedited removal proceedings that same day, [ECF No. 9-1]. He expressed a fear of returning to Brazil, [ECF No. 9-2 at 3], and was released under 8 U.S.C. § 1182(d)(5)(A) on November 16, 2021, [ECF No. 9-3]. After expiry of his parole, ICE arrested him pursuant to an administrative warrant on February 27, 2026. [ECF No. 9-5]. On April 10, 2026, an immigration judge affirmed an asylum officer’s finding that Petitioner did not have a credible fear of removal to Brazil, see [ECF No. 9-6]; [ECF No. 9-7], and Respondents now request that the Court “lift its order prohibiting the transfer and removal of Petitioner and allow ICE to return him to Brazil,” [ECF No. 9 at 3].In his petition, Petitioner claims, among other things, that he is eligible for a bond hearing under 8 U.S.C. § 1226 and that his continued detention violates the Fifth Amendment’s Due Process Clause. See generally [ECF No. 1 ]. Because Petitioner has an order of expedited removal and has been found not to have a credible fear of removal to Brazil, however, he is subject to detention under 8 U.S.C. § 1225(b)(1)(B)(iii)(IV), not 8 U.S.C. § 1226, and thus not statutorily eligible for a bond hearing. See Benito Vasquez v. Moniz, 788 F. Supp. 3d 177, 180 (D. Mass. 2025); Rincon v. Hyde, 810 F. Supp. 3d 101, 108 & n.7 (D. Mass. 2025). Even assuming that the Fifth Amendment’s Due Process Clause applies to Petitioner, see Rincon, 810 F. Supp. 3d at 114 (applying Due Process Clause to noncitizen subject to order of expedited removal during pendency of credible-fear proceedings), Petitioner’s relatively brief detention since the completion of his credible-fear proceedings does not violate due process, see Zadvydas v. Davis, 533 U.S. 678, 701 (2001) (holding that noncitizens present in the United States who are subject to a final order of removal may presumptively be detained for six months consistent with due process). For the avoidance of doubt, this Court also cannot exercise jurisdiction over any challenge to the execution of Petitioner's final order of removal. 8 U.S.C. § 1252(g). Accordingly, Petitioner's petition, [ECF No. 1 ], is DENIED without prejudice. The Court's order, [ECF No. 4 ], prohibiting Petitioner from being "deported, removed, or otherwise transferred outside the United States," is hereby dissolved. Respondents are ordered to file a status report by May 22, 2026.(CAM) (Entered: 05/08/2026)

May 08, 2026

Notice of Rescheduling

May 08, 2026

Order AND ~Util - Set Deadlines

#12

May 09, 2026

Memorandum of Law

May 11, 2026

Notice Cancelling Hearing