District of Massachusetts • 1:26-cv-11854

Roberto Alves v. Wesling

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Case Information

Filed: April 22, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 28, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 22, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11695044 Fee status: Filing Fee paid., filed by Marcos Roberto Alves. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 04/22/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Apr 22, 2026
Chief District Judge Denise J. Casper: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MMR) (Entered: 04/22/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Apr 23, 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 Jennifer C. Boal. (SP) (Entered: 04/23/2026)
#4
Apr 23, 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: 04/23/2026)
Main Document: General Order 19-02
#5
Apr 23, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 04/23/2026)
Main Document: Order
#6
Apr 23, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 04/23/2026)
Main Document: Service Order-2241 Petition
#7
Apr 23, 2026
Copy re 6 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Raquelle Kaye, Rayford Farquhar, and USAMA Civil Process on 4/23/2026 at 8:33 am and mailed to All Respondents (CEH) (Entered: 04/23/2026)
Apr 23, 2026
Copy Mailed
Apr 23, 2026
Notice of Case Assignment
#8
Apr 24, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Apr 28, 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. (Engingro, Vincent) (Entered: 04/28/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Apr 28, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. re 1 Petition for Writ of Habeas Corpus (2241), filed by Marcos Roberto Alves. Before the Court is Petitioner Marcos Roberto Alves Emergency Petition for Writ of Habeas Corpus. [Dkt. 1 ]. Respondents "submit that the legal issues presented in this Petition concerning detention under 8 U.S.C. § 1225(b)(1) are similar to those recently addressed by this Court in Gomes Cardoso v. Hyde, No. 25-cv-13935-AK, 2026 WL 468200 (D. Mass. Feb. 19, 2026)," and "[s]hould the Court follow its logic and reasoning in Gomes Cardoso, it would likely reach the same result here." [Dkt. 9 ]. In Gomes Cardoso, the Court held that full due process protections apply to non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(A), and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(A) are subject to mandatory detention without notice or opportunity to be heard. On the facts before it, the Court does not find reason to deviate from the analysis presented in Gomes Cardoso. Accordingly, Petitioner is entitled to a bond hearing. Petitioners Petition [Dkt. 1 ] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that they are detained pursuant to 8 U.S.C. § 1225(b)(1). 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 the request for bond was denied, the reasons for that denial. (NMC) (Entered: 04/28/2026)
Apr 28, 2026
Order