District of Massachusetts • 1:26-cv-11780

#1

Apr 16, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11684292 Fee status: Filing Fee paid., filed by Enock Nogueira da Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) (Entered: 04/16/2026)

#2

Apr 17, 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. (SEC) (Entered: 04/17/2026)

#3

Apr 17, 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). (Currie, Haley) (Entered: 04/17/2026)

#4

Apr 17, 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 24, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/17/2026)

#5

Apr 17, 2026

Copies of the following were mailed to Antone Moniz, Michael Krol, Todd Lyons, Patricia Hyde, Markwayne Mullin, U.S. Department of Homeland Security and Todd Blanche on 4/17/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/17/2026)

Apr 17, 2026

Notice of Case Assignment

Apr 17, 2026

Copy Mailed

#6

Apr 21, 2026

Notice of Appearance

#7

Apr 21, 2026

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

#8

Apr 22, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Enock Nogueira da Silva, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 16, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 11, 21, and at 8. In April 2022, he entered the United States without inspection and was served a Notice to Appear, which was then filed in Immigration Court. Id. ¶¶ 3, 21, 23. After that court terminated his removal proceedings in September 2024, Nogueira da Silva filed for a T visa for human trafficking with U.S. Citizenship and Immigration Services on April 8, 2026. Id. ¶¶ 23-24; see 8 U.S.C. § 1101(a)(15)(T). Six days later, on April 14, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement ("ICE"). ECF 1, ¶¶ 2, 22. He remains in ICE custody at Plymouth County Correctional Facility in Massachusetts. Id. ¶¶ 4, 11, 22.The respondents argue that Nogueira da Silva 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 7, 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 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Nogueira da Silva's detention.Noncitizens like Nogueira da Silva "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, Nogueira da Silva'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 May 1, 2026, notifying the Court whether Nogueira da Silva has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (EZG) (Entered: 04/22/2026)

Apr 22, 2026

Order

#9

Apr 28, 2026

Status Report

#10

Apr 28, 2026

Judgment