District of Massachusetts • 1:25-cv-13238

#1

Nov 03, 2025

PETITION for Writ of Habeas Corpus (2241) and Request for Emergency Injunctive Relief Filing fee: $ 5, receipt number AMADC-11334485 Fee status: Filing Fee paid., filed by Antonio Vagner Souto Souza Barbosa. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - Table of Contents - Affidavit, # 3 Exhibit C - EOIR Case Status, # 4 Exhibit D - Forms I-551, # 5 Category Form, # 6 Civil Cover Sheet) (Drago, Anthony) Modified on 11/3/2025: to remove duplicated docket text (EZG). (Entered: 11/03/2025)

#2

Nov 03, 2025

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 Donald L. Cabell. (SEC) (Entered: 11/03/2025)

#3

Nov 03, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 11/03/2025)

#4

Nov 03, 2025

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 November 17, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 11/03/2025)

#5

Nov 03, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Joseph D. McDonald, Jr., Patricia Hyde, Michael Krol, Todd Lyons and Kristi Noem on 11/3/2025. (Currie, Haley) (Entered: 11/03/2025)

Nov 03, 2025

Copy Mailed

Nov 03, 2025

Notice of Case Assignment

#6

Nov 10, 2025

Notice of Appearance

#7

Nov 16, 2025

Extension of Time to File Answer

#8

Nov 17, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 7 Assented to MOTION for Extension of Time to November 19, 2025 to File Answer re 1 Petition for Writ of Habeas Corpus (2241)Response to petition due 11/19/2025 (Currie, Haley) (Entered: 11/17/2025)

Nov 17, 2025

Order on Motion for Extension of Time to Answer

#9

Nov 19, 2025

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

#10

Nov 20, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Antonio Vagner Souto Souza Barbosa, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 3, 2025 seeking his immediate release. ECF 1, ¶¶ 5, 14, 29. He entered the United States without inspection in 2003 and became a lawful permanent resident in July 2019 based on his marriage to a U.S. citizen. Id. ¶¶ 4-5, 14, 17, 21; see ECF 1-4. But because Souza Barbosa failed to disclose at the time that he had divorced his then-wife in November 2018, U.S. Customs and Border Protection (“CBP”) served him with a Notice to Appear in July 2024, which stated that he had obtained lawful permanent residency by fraud or willfully misrepresenting a material fact. Id. ¶¶ 15-18; see ECF 1-1. His removal proceedings remain pending before the Boston Immigration Court. Id. ¶¶ 18-20; see ECF 1-3, at 2. On October 23, 2025, he was detained by CBP at Logan Airport and then transferred by the U.S. Immigration and Customs Enforcement (“ICE”) to Plymouth County Correctional Facility in Plymouth, Massachusetts, where he remains. Id. ¶¶ 4, 13, 22.The respondents’ position is that Souza Barbosa is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that while “the facts of this case differ in some ways from prior cases,” “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 9, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. 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 9, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Souza Barbosa’s detention.Noncitizens like Souza Barbosa “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, 2025 WL 2607924, at *1. 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, Souza Barbosa’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 December 1, 2025, notifying the Court whether Souza Barbosa has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/20/2025)

Nov 20, 2025

Order