District of Massachusetts • 1:25-cv-13300

#1

Nov 06, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11344312 Fee status: Filing Fee paid., filed by Wagner Patricio. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 11/06/2025)

#2

Nov 06, 2025

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 Paul G. Levenson. (LBO) (Entered: 11/06/2025)

#3

Nov 06, 2025

District Judge Angel Kelley: ORDER CONCERNING SERVICE OF PETITION, STAY OF TRANSFER OF REMOVAL, AND REQUIRED RESPONSE entered.(MAL) (Entered: 11/06/2025)

#4

Nov 06, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to AUSA Shawna Yen and USAMA Civil Process and mailed to each respondent on 11/6/2025. (CAM) (Entered: 11/06/2025)

Nov 06, 2025

Copy Mailed

Nov 06, 2025

Notice of Case Assignment

#5

Nov 07, 2025

Notice of Appearance

#6

Nov 10, 2025

General Order 19-02

#7

Nov 10, 2025

Order

#8

Nov 12, 2025

Response to Court Order

#9

Nov 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Wagner Patricio Gomes’ Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the facts of this case do not differ in any material aspect" [Dkt. 8 at 1] from Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 11/12/2025)

Nov 12, 2025

Order