District of Massachusetts • 1:25-cv-13368

#1

Nov 10, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11351120 Fee status: Filing Fee paid., filed by Gersoir Correa Caetano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 11/10/2025)

#2

Nov 10, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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)

#3

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). (Currie, Haley) (Entered: 11/10/2025)

#4

Nov 10, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered. The answer or responsive pleading is due no later than November 18, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 11/10/2025)

Nov 10, 2025

Notice of Case Assignment

#5

Nov 12, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Todd Lyons, Kristi Noem, Pamela Bondi, Antone Moniz and Department of Homeland Security on 11/12/2025. (Currie, Haley) (Entered: 11/12/2025)

Nov 12, 2025

Copy Mailed

#6

Nov 17, 2025

Notice of Appearance

#7

Nov 18, 2025

Response - not related to a motion

#8

Nov 18, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Gersoir Correa Caetano, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 10, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 6, 16, 27. In December 2021, he entered the United States without inspection, was served with a Notice to Appear, and was placed in removal proceedings in Chelmsford Immigration Court, where his asylum case remains pending. Id. ¶¶ 1, 16-18. Nearly four years later, on November 8, 2025, Correa Caetano was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE"). Id. ¶¶ 2, 19. He remains in Massachusetts under ICE's custody. Id. ¶¶ 6, 8, 9. The respondents argue that Correa Caetano is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that "the legal issues presented in this Petition are similar to those recently addressed by this Court in" Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)‐not Section 1225(b)—governed the petitioner's detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that "[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here." ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Correa Caetano's detention.Noncitizens like Correa Caetano "detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified." Sampiao, 2025 WL 2607924, at *1. Bond may be denied only if the government "either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk." Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Correa Caetano's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before November 26, 2025, notifying the Court whether Correa Caetano has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/18/2025)

Nov 18, 2025

Order