District of Massachusetts • 1:26-cv-12007

#1

May 04, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11718333 Fee status: Filing Fee paid., filed by William Araujo Da Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Form I220A, Order of Release on Recognizance, # 4 Exhibit 2 - Custody Determination Documents, # 5 Exhibit 3 - Notice to Appear)(Cerretani, Gabriela) (Entered: 05/04/2026)

#2

May 04, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (JAM) (Entered: 05/04/2026)

#3

May 04, 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). (EZG) (Entered: 05/04/2026)

#4

May 04, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 05/04/2026)

May 04, 2026

Notice of Case Assignment

#5

May 13, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#6

May 20, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by William Araujo Da Silva. Having considered the Petition of William Araujo da Silva ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 5, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, "the legal issues presented in this Petition are similar to those addressed by this Court in Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025) and Araujo Da Silva v. Bondi et al., No. 25-cv-12672-DJC (D. Mass. Oct. 21, 2025)," id. at 1; see Order, Dias De Carvalho, No. 25-cv-12677-DJC, D. 14 and cases cited; Araujo da Silva v. Bondi, No. 25-cv-12672-DJC, 2025 WL 2969163, at *1 (D. Mass. Oct. 21, 2025). Consistent with the Court's rulings in Dias De Carvalho and Araujo Da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), as Respondents suggest, D. 5 at 2 n.2. See Dias De Carvalho, No. 25-cv-12677-DJC, D. 14; Araujo da Silva, 2025 WL 2969163, at *1. Thus, Petitioner is entitled to a bond hearing. See Cunha v. Freden, No. 25-3141-PR, __ F.4th __, 2026 WL 1146044, at *3-4 (2d Cir. Apr. 28, 2026) (affirming that petitioner's detention “is governed by Section 1226(a) and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. To the extent that Petitioner seeks an order prohibiting his transfer outside the District of Massachusetts, D. 1 at 8, the Court has already imposed limits on same, D. 4 at 3. (SEC) (Entered: 05/20/2026)

May 20, 2026

Order

#7

May 27, 2026

Status Report

#8

May 29, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status report, D. 7, the prior habeas relief granted, the Court dismisses the Petition and closes this case. (SEC) (Entered: 05/29/2026)

#9

May 29, 2026

Order Dismissing Case

May 29, 2026

Order