District of Massachusetts • 1:26-cv-11942

#1

Apr 29, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11710426 Fee status: Filing Fee paid., filed by Nemi Paulo Dias. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Tietjen, Rhonda) Modified on 4/30/2026: to fix misspelling of petitioner's name (EZG). (Entered: 04/29/2026)

#2

Apr 30, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (JKK) (Entered: 04/30/2026)

#3

Apr 30, 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). (FGD) (Entered: 04/30/2026)

#4

Apr 30, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 04/30/2026)

#5

Apr 30, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 4/30/2026. (FGD) (Entered: 04/30/2026)

Apr 30, 2026

Copy Mailed

Apr 30, 2026

Notice of Case Assignment

#6

May 05, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by David Wesling. (Tolkoff, Benjamin) (Entered: 05/05/2026)

#7

May 06, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 6 RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241).Nemi Paulo Dias, a citizen of Angola, has filed a petition pursuant to 28 U.S.C. § 2241 challenging his detention by the respondents. Doc. No. 1 . Dias alleges that he was detained for several months when he entered the United States in December 2022, then released by immigration officers upon a finding that he was not a flight risk or a danger to the community. He has lived in the United States since then and has an asylum application pending. Dias claims he is now detained unlawfully, in violation of the Constitution and federal statutes, after having been arrested outside his home in Maine despite no change in circumstances, without notice, and without an individualized finding supporting his detention. The respondents do not contest the facts alleged by Dias, have proffered no additional facts, and identify no reasons they believe he poses a risk of flight or danger. See Doc. No. 7 (suggesting in margin relief should be limited to bond hearing, not release, but articulating no factual basis justifying revisiting respondents’ previous release determination). Indeed, they do not even assert that Dias is danger to the community or a flight risk. They incorporate their legal arguments from prior cases, in which they defended the relevant noncitizens’ continued detention by claiming it was permitted (and, indeed, mandated) by 8 U.S.C. § 1225. As the Court concluded in those cases, and on the facts alleged here, Dias is not subject to mandatory detention under Section 1225. His petition is therefore ALLOWED. Because the violation before the Court arises from the termination of Dias’s release without any change in circumstances and without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Dias, no later than 6 PM today, May 6, 2026, and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report tomorrow, May 7, 2026, confirming that Dias has been released in compliance with this Order.(FGD) (Entered: 05/06/2026)

#8

May 06, 2026

STATUS REPORT by David Wesling. (Tolkoff, Benjamin) (Entered: 05/06/2026)

#9

May 06, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (SED) (Entered: 05/06/2026)

May 06, 2026

Order AND ~Util - Set Deadlines