Terminated
Case Information
Filed: November 08, 2025
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: December 04, 2025
Last Activity:
December 04, 2025
Parties:
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Docket Entries
#1
Nov 08, 2025
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11348101 Fee status: Filing Fee paid., filed by Matheus Goncalves De Sousa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Exh. 1.)(Cerretani, Gabriela) (Entered: 11/08/2025)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Nov 08, 2025
Judge Allison D. Burroughs: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(RN) (Entered: 11/08/2025)
Main Document:
Order
#3
Nov 10, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (SEC) (Entered: 11/10/2025)
#4
Nov 10, 2025
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/10/2025)
Main Document:
Judge
#5
Nov 10, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241) and 4 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Antone Moniz, Department of Homeland Security, and Pamela Bondi on 11/10/2025. (JAM) (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 20, 2025
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Nov 21, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L Noem, Department of Homeland Security, Todd M Lyons, Patricia Hyde, Pamela Bondi, Antone Moniz. Petitioner Matheus Goncalves De Sousa challenges his immigration detention and seeks immediate release or a bond hearing. The government maintains its position that because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioner's detention, and the due process clause provides Petitioner only those rights conferred by statute. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Matheus Goncalves De Sousa before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no later than December 1, 2025.(MZ) (Entered: 11/21/2025)
Nov 21, 2025
Order
#9
Dec 04, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 8 Order. Petitioner's counsel reports that the Immigration Judge granted bond to Matheus Goncalves De Sousa in the amount of $5,000. Accordingly, the Clerk can dismiss and close this case.(MZ) (Entered: 12/04/2025)
#10
Dec 04, 2025
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 12/04/2025)
Dec 04, 2025
Order
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