District of Massachusetts • 1:25-cv-13301

#1

Nov 06, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11344470 Fee status: Filing Fee paid., filed by Bruno Miranda da Conceicao. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE Locator printout at Nov 6 2025 at about 12-42 PM)(Mandache, Costica) (Entered: 11/06/2025)

#2

Nov 06, 2025

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 Jessica D. Hedges. (LBO) (Entered: 11/06/2025)

#3

Nov 06, 2025

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: 11/06/2025)

#4

Nov 06, 2025

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 November 13, 2025. (Attachment(s): # 1 *SEALED* Appendix) (EZG) (Entered: 11/06/2025)

#5

Nov 06, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem, Pamela Bondi, and Donald J. Trump on 11/6/2025. (EZG) (Entered: 11/06/2025)

Nov 06, 2025

Notice of Case Assignment

Nov 06, 2025

Copy Mailed

#6

Nov 12, 2025

Notice of Appearance

#7

Nov 12, 2025

Notice of Appearance

#8

Nov 13, 2025

Response - not related to a motion

#9

Nov 14, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Bruno Miranda da Conceicao, a citizen of Brazil who entered the United States in August 2021, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 6, 2025 challenging his ongoing detention. ECF 1, ¶¶ 1, 5, 8, 19-21; ECF 1-3. The day before, he was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE"). Id. ¶ 2. Miranda da Conceicao remains in ICE's custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 1, 8.The respondents argue that Miranda da Conceicao is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "the legal issues presented in this Petition are similar to those recently addressed by this Court in" Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 8, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. See Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that "[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here." ECF 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Miranda da Conceicao's detention. Noncitizens like Miranda da Conceicao "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, 2025 WL 2607924, at *1. 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, Miranda da Conceicao'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 November 24, 2025, notifying the Court whether Miranda da Conceicao has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/14/2025)

Nov 14, 2025

Order