District of Massachusetts • 1:26-cv-11734

#1

Apr 14, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11678888 Fee status: Filing Fee paid., filed by Fernando De Oliveira. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE locator Fernando April 14 2026 at 7 25 PM EST)(Mandache, Costica) (Entered: 04/14/2026)

#2

Apr 15, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (LBO) (Entered: 04/15/2026)

#3

Apr 15, 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). (FGD) (Entered: 04/15/2026)

#4

Apr 15, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 04/15/2026)

#5

Apr 15, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondents and USAO on 4/15/2026. (FGD) (Entered: 04/15/2026)

Apr 15, 2026

Copy Mailed

Apr 15, 2026

Notice of Case Assignment

#6

Apr 20, 2026

Notice of Appearance

#7

Apr 20, 2026

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

#8

Apr 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Fernando De Oliveira, a citizen of Brazil, has filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by the respondents. Doc. No. 1 . De Oliveira alleges that he was detained and then released on his own recognizance by immigration officers when he entered the United States more than four years ago, was permitted until recently to remain at liberty on conditions of supervision imposed by the respondents with which he complied, and is now detained after the unlawful termination of his release without notice and without an individualized finding of changed circumstances supporting such termination. He alleges no changes in circumstances and claims his detention in these circumstances violates the Constitution and federal statutes. The respondents do not contest the facts alleged by De Oliveira. See Doc. No. 7 . They incorporate their legal arguments from prior cases, in which they defended the relevant noncitizens’ continued detention by claiming it was permitted (and, indeed, mandated) by 8 U.S.C. 1225. As the Court concluded in those cases, and on the facts alleged here, De Oliveira is not subject to mandatory detention under Section 1225. His petition is therefore ALLOWED.Where the violation before the Court arises because of the termination of De Oliveira’s release without any change in circumstances and without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall RELEASE De Oliveira no later than 6 PM today, April 21, 2026, and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report tomorrow, April 22, 2026, confirming that De Oliveira has been released in compliance with this Order.(FGD) (Entered: 04/21/2026)

Apr 21, 2026

Order AND ~Util - Set Deadlines

#9

Apr 22, 2026

Status Report

#10

Apr 22, 2026

Judgment