District of Massachusetts • 1:26-cv-11712

#1

Apr 13, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11675374 Fee status: Filing Fee paid., filed by Renato Alves Costa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Notice to Appear, # 4 Exhibit 2 - Evidence of Release on Bond) (Cerretani, Gabriela) Modified on 4/14/2026: to remove duplicate docket text (EZG). (Entered: 04/13/2026)

#2

Apr 13, 2026

Chief District Judge Denise J. Casper: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 04/13/2026)

#3

Apr 14, 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 Paul G. Levenson. (CEH) (Entered: 04/14/2026)

#4

Apr 14, 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: 04/14/2026)

#5

Apr 14, 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 21, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/14/2026)

#6

Apr 14, 2026

Copies of the following were mailed to David Wesling, Antone Moniz, Todd Lyons, Markwayne Mullin, Department of Homeland Security and Todd Blanche on 4/14/2026: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/14/2026)

Apr 14, 2026

Notice of Case Assignment

Apr 14, 2026

Copy Mailed

#7

Apr 20, 2026

Notice of Appearance

#8

Apr 20, 2026

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

#9

Apr 21, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Renato Alves Costa, a citizen of Brazil who entered the United States in August 2022, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 13, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 3-4. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on April 13, 2026. Id. ¶ 2. Alves Costa remains in ICE’s custody at the Boston Field Office in Burlington, Massachusetts. Id. ¶¶ 1, 6.The respondents argue that Alves Costa is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently 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 8, 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 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 8, at 1-2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Alves Costa’s detention.Noncitizens like Alves Costa “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, Alves Costa’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 29, 2026, notifying the Court whether Alves Costa has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 04/21/2026)

Apr 21, 2026

Order