District of Massachusetts • 1:26-cv-11745

#1

Apr 15, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11681237 Fee status: Filing Fee paid., filed by Jose Isabel Damas Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 3 ICE locator Jose April 15 2026 at 2 59 PM EST, # 4 Exhibit 4 Removal proceedings pending April 27 2026) (Mandache, Costica) Modified on 4/15/2026: to remove duplicate docket text (EZG). (Entered: 04/15/2026)

#2

Apr 15, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (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). (CEH) (Entered: 04/15/2026)

#4

Apr 15, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 04/15/2026)

#5

Apr 15, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response.(CEH) (Entered: 04/15/2026)

#6

Apr 15, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), Emailed to AUSA Julien Mundele, Rayford Farquhar, and USAMA Civil Process on 4/15/2026 at 4:22 pm and mailed to All Respondents (CEH) (Entered: 04/15/2026)

Apr 15, 2026

Copy Mailed

Apr 15, 2026

Notice of Case Assignment

#7

Apr 17, 2026

Notice of Appearance

#8

Apr 17, 2026

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

#9

Apr 17, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Jose Isabel Damas Silva’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Amaya Sanchez v. Moniz [No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10]]," and "[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result here." [Dkt. 8]. In Amaya Sanchez the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(SP) (Entered: 04/17/2026)

Apr 17, 2026

Order

#10

Apr 29, 2026

Status Report

#11

May 01, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On 4/17/2026 this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 9]. On 4/29/2026, Respondents provided a Status Report indicating that Petitioner received a bond hearing on 4/27/2026 but was denied bond because he was determined to be a flight risk. [Dkt. 10]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(JAM) (Entered: 05/01/2026)

May 01, 2026

Order

#12

May 19, 2026

Order Dismissing Case