District of Massachusetts • 1:26-cv-11830

#1

Apr 21, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11690775 Fee status: Filing Fee paid., filed by Guilherme Rodrigues Costa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Custody Determination Documents, # 4 Exhibit 2 - Notice to Appear)(Cerretani, Gabriela) (Entered: 04/21/2026)

#2

Apr 21, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (JKK) (Entered: 04/21/2026)

#3

Apr 21, 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). (MBM) (Entered: 04/21/2026)

#4

Apr 21, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Wednesday, April 22, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, April 24, 2026.(MBM) (Entered: 04/21/2026)

#5

Apr 21, 2026

Copy re 4 Service Order - 2241 Petition,, 1 Petition for Writ of Habeas Corpus (2241) mailed to all respondents on 4/21/2026. (MBM) (Entered: 04/21/2026)

#6

Apr 21, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd W. Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling (McMahon, Erica) (Entered: 04/21/2026)

Apr 21, 2026

Copy Mailed

Apr 21, 2026

Notice of Case Assignment

#7

Apr 22, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling. (McMahon, Erica) (Entered: 04/22/2026)

#8

Apr 23, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition concerning detention under 8 U.S.C. [s.] 1225(b)(1) are similar to those recently addressed by this Court in Rincon v. Hyde, No. 25-12633-BEM, 2025 WL 3122784 (D. Mass. Nov. 7, 2025).” Dkt. 7 at 1. However, Petitioner’s filing suggests that his detention is subject to 8 U.S.C. [s.] 1226. See Dkt. 1 -3 at 1; see also Dkt. 1 -4 at 1 (describing Petitioner as “an alien... who has not been admitted or paroled” rather than as “an arriving alien”); but see Dkt. 1 -3 at 3 (granting parole under section 1182(d)(5)). Accordingly, Respondents are ordered to either provide a warrant for his detention under section 1226 or further brief Petitioner’s detention under section 1225 by Friday, April 24, 2026 at 4:00 p.m. (MBM) (Entered: 04/23/2026)

Apr 23, 2026

Order

#9

Apr 24, 2026

Response to Court Order

#10

Apr 27, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. The materials provided by the parties conflict as to whether 8 U.S.C. s. 1225 or 8 U.S.C. s. 1226 governs Petitioner’s detention. See e.g., Dtk. 9 (“Petitioner entered without inspection or admission.”); Dkt. 9 -2 (Warrant for Arrest of Alien pursuant to section 236); Dkt. 1 -4 (describing Petitioner as “an alien present in the United States who has not been admitted or paroled” rather than “an arriving alien”); Dkt. 1 -3 at 1 (releasing Petitioner “[u]nder other conditions” pursuant to section 236”); Dkt. 1 -3 at 3 (releasing Petitioner on parole pursuant to section 212(d)(5)(A)); Dkt. 9 -1 at 1 (Determination of Inadmissibility pursuant to 8. U.S.C. s. 1225(b)(1)). However, “Respondents submit that the legal issues presented in this Petition concerning detention under 8 U.S.C. [s.] 1225(b)(1) are similar to those recently addressed by this Court in Rincon v. Hyde, No. 25-12633-BEM, 2025 WL 3122784 (D. Mass. Nov. 7, 2025),” Dkt. 7 at 1, under which Petitioner is entitled to a bond hearing. Likewise, if Petitioner’s detention is subject to 8 U.S.C. s. 1226, he is entitled to a bond hearing. See Romero v. Hyde, 795 F. Supp. 3d 271, 281 (D. Mass. 2025). Accordingly, the Court need not resolve the statutory discrepancy at this juncture and GRANTS the Petition in part. The Court ORDERS that Petitioner receive a bond hearing under 8 U.S.C. s. 1226 to consider the merits of his release. (MBM) (Entered: 04/27/2026)

#11

Apr 27, 2026

Judgment

Apr 27, 2026

Order

#12

May 06, 2026

Enforce Judgment

#13

May 06, 2026

Seal

#14

May 06, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 13 Motion to Seal. Counsel 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. (MBM) (Entered: 05/06/2026)

May 06, 2026

Order on Motion to Seal

#15

May 11, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents are ordered to respond to 12 Petitioner’s Motion to Enforce Judgment on or before Monday, May 18, 2026 at 2:00 p.m. (MBM) (Entered: 05/11/2026)

May 11, 2026

Order

#16

May 13, 2026

Opposition to Motion

May 14, 2026

Order

#18

May 18, 2026

Response to Court Order

May 18, 2026

Notice of Manual Filing

May 19, 2026

Order on Motion to Enforce Judgment

#21

May 26, 2026

Status Report