District of Massachusetts • 1:25-cv-13329

Da Silveira v. Moniz

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Case Information

Filed: November 07, 2025
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: December 10, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 07, 2025
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11347879 Fee status: Filing Fee paid., filed by Willian Antonio Da Silveira. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE locator search for Willian at 5-02 PM on Nov 7 2025)(Mandache, Costica) (Entered: 11/07/2025)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Nov 10, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (SEC) (Entered: 11/10/2025)
#3
Nov 10, 2025
Judge Allison D. Burroughs: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than November 24, 2025.(CM) Modified on 11/10/2025 to update response date (CM). (Entered: 11/10/2025)
Main Document: Service Order-2241 Petition
#4
Nov 10, 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). (CM) (Entered: 11/10/2025)
Main Document: General Order 19-02
#5
Nov 10, 2025
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All respondents and emailed with the AUSA Duty Attorney on 11/10/2025. (CM) (Entered: 11/10/2025)
Nov 10, 2025
Notice of Case Assignment
Nov 10, 2025
Copy Mailed
#6
Nov 12, 2025
Notice of Appearance
Main Document: Notice of Appearance
#7
Nov 24, 2025
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump. (Farquhar, Rayford) (Entered: 11/24/2025)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Nov 24, 2025
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Willian Antonio Da Silveira’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents “submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth C[ounty] Correctional Facility,” No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). [ECF No. 7 at 1]. In that case, this 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). Respondents acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [Id.]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED IN PART. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 11/24/2025)
Nov 24, 2025
Order AND ~Util - Set Deadlines
#9
Dec 09, 2025
Status Report
Main Document: Status Report
#11
Dec 10, 2025
Order Dismissing Case
Main Document: Order Dismissing Case
Dec 10, 2025
Order