District of Massachusetts • 1:26-cv-11877

#1

Apr 24, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11699968 Fee status: Filing Fee paid., filed by Matheus Rangel Dias. (Attachments: # 1 Civil Cover, # 2 Category Form)(Silva, Jonatas) (Entered: 04/24/2026)

#2

Apr 24, 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. (NMC) (Entered: 04/24/2026)

#3

Apr 24, 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: 04/24/2026)

#4

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

#5

Apr 24, 2026

Copies of the following were mailed to Antone Moniz, Timothy Baptsite, Patricia Hyde, Todd Lyons, Michael Krol, and Markwayne Mullinon 4/24/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/24/2026)

Apr 24, 2026

Notice of Case Assignment

Apr 24, 2026

Copy Mailed

#6

Apr 30, 2026

Notice of Appearance

#7

May 01, 2026

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

#8

May 01, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Matheus Rangel Dias, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 24, 2026 seeking a bond hearing pursuant to 8 U.S.C. § 1226(a) or, alternatively, his immediate release. ECF 1, ¶¶ 6-7, 9, 19, and at 8-9. Rangel Dias entered the United States without inspection in 2023. Id. ¶ 19. On March 30, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶ 21. Rangel Dias remains in ICE custody at the Plymouth County Correctional Facility in Massachusetts. Id. ¶¶ 1, 9.The respondents argue that Rangel Dias is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those addressed by this Court in dos Santos v. Noem,” No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), “among others.” ECF 7, at 1. In dos Santos, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. dos Santos, 2025 WL 2370988, at *7; accord Gomes v. Hyde, 804 F. Supp. 3d 265, 276 (D. Mass. 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 28 (D. Mass. 2025). The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, 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 Rangel Dias’ detention.Noncitizens like Rangel Dias “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, Rangel Dias’ 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 11, 2026, notifying the Court whether Rangel Dias has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/01/2026)

May 01, 2026

Order

#9

May 06, 2026

Extension of Time

#10

May 06, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 9 MOTION for Extension of Time to 05/22/2026 to Bond Hearing (Currie, Haley) (Entered: 05/06/2026)

May 06, 2026

Order on Motion for Extension of Time

#11

May 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In light of this Court's allowance of the petitioner's motion for an extension of time to May 22, 2026 for the bond hearing, ECF 9, 10, the respondents' deadline to file a status report on that bond hearing is extended to May 26, 2026. (Currie, Haley) (Entered: 05/11/2026)

May 11, 2026

Order