District of Massachusetts • 1:26-cv-11798

#1

Apr 17, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11686438 Fee status: Filing Fee paid., filed by Guilherme Machado Da Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 04/17/2026)

#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 Jennifer C. Boal. (NMC) (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). (EZG) (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, David Wesling, Todd Lyons, 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 23, 2026

Notice of Appearance

#7

Apr 23, 2026

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

#8

Apr 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Guilherme Machado Da Silva, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 17, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 5, 12 and at 7. In June 2018, he entered, and was admitted into, the United States on a B-2 visitor visa. Id. ¶¶ 1, 13-14, 19; ECF 7-1, at 1. Machado Da Silva was arrested and detained by U.S. Immigration and Customs Enforcement ("ICE") on April 16, 2026. ECF 1, ¶ 16; ECF 7-2. He remains in ICE custody at Plymouth County Correctional Facility in Massachusetts. ECF 1, ¶¶ 1, 4-5.The respondents do not dispute that Machado Da Silva is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a) and 8 C.F.R. § 236.1(d)(1). Noncitizens "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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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).In the respondents' view, Machado Da Silva's petition should nonetheless be denied because he has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 7-2. But the petition alleges that the respondents have "den[ied] him an individualized bond hearing," which suggests that he indeed requested such a hearing. ECF 1, ¶ 33. The April 16, 2026 Notice of Custody Determination appended to the respondents' response does not foreclose the possibility that Machado Da Silva requested a bond hearing. See ECF 7-2. The Court is satisfied that Machado Da Silva need not further exhaust administrative remedies in order to obtain the bond hearing that, all agree, he is entitled to. See ECF 7, at 1, 6. For the foregoing reasons, Machado 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 4, 2026, notifying the Court whether Machado Da Silva has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (EZG) (Entered: 04/24/2026)

Apr 24, 2026

Order

#9

Apr 28, 2026

Status Report

#10

Apr 29, 2026

Enforce Judgment

#11

Apr 29, 2026

Seal

#12

Apr 30, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 11 MOTION to Seal Motion to File ECF Doc.No.10 Exhs 1 and 2 under SealCounsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) (Entered: 04/30/2026)

Apr 30, 2026

Order on Motion to Seal

#13

May 06, 2026

Opposition to Motion

#14

May 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to file by May 15, 2026 a transcript of the April 27, 2026 bond hearing. (Currie, Haley) (Entered: 05/11/2026)

#15

May 11, 2026

Produce

May 11, 2026

Order

#16

May 12, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 15 Assented to MOTION to Produce Audio Recording in Lieu of Transcript of Bond Hearing (Currie, Haley) (Entered: 05/12/2026)

May 12, 2026

Order on Motion to Produce

#17

May 13, 2026

Response to Court Order