District of Massachusetts • 1:25-cv-13332

De Oliveira v. Hyde

Terminated

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
Terminated: December 10, 2025
Last Activity: December 10, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 07, 2025
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11347925 Fee status: Filing Fee paid., filed by Ozana Laurinda De Oliveira. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 11/07/2025)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Nov 07, 2025
Judge Allison D. Burroughs: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(RN) (Entered: 11/07/2025)
Main Document: Order
#3
Nov 09, 2025
NOTICE by Ozana Laurinda De Oliveira re 2 Order (Attachments: # 1 Exhibit Exh. 1)(Cerretani, Gabriela) (Entered: 11/09/2025)
Main Document: Notice - Other
#4
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 Paul G. Levenson. (SEC) (Entered: 11/10/2025)
#5
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 add response date to text (CM). (Entered: 11/10/2025)
Main Document: Service Order-2241 Petition
#6
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
#7
Nov 10, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition, mailed to All respondents and emailed with the AUSA Duty Attorney (CM) (Entered: 11/10/2025)
Nov 10, 2025
Copy Mailed
Nov 10, 2025
Notice of Case Assignment
#8
Nov 24, 2025
NOTICE of Appearance by Rayford A. Farquhar on behalf of Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L. Noem (Farquhar, Rayford) (Entered: 11/24/2025)
Main Document: Notice of Appearance
#9
Nov 24, 2025
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Kristi L. Noem. (Farquhar, Rayford) (Entered: 11/24/2025)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Nov 24, 2025
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Ozana Laurinda De Oliveira’s emergency petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that "the legal issues presented in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility." [ECF No. 9 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). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 9 at 1]. 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. She has not received such a hearing, so her detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED. 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 she 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 her request for bond was denied, the reasons for that denial. (CAM) (Entered: 11/24/2025)
Nov 24, 2025
Order AND ~Util - Set Deadlines
#11
Dec 09, 2025
Status Report
Main Document: Status Report
#12
Dec 10, 2025
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On November 24, 2025, the Court granted Petitioner's habeas petition and ordered that she receive a bond hearing. [ECF No. 10 ]. The government's status report, [ECF No. 11 ], states that Petitioner was provided with a bond hearing and released from ICE custody. Because Petitioner has been released from custody, this action is dismissed. (CAM) (Entered: 12/10/2025)
#13
Dec 10, 2025
Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE. (CAM) (Entered: 12/10/2025)
Main Document: Order Dismissing Case
Dec 10, 2025
Order