District of Massachusetts • 1:26-cv-12051

#1

May 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11723307 Fee status: Filing Fee paid., filed by Marcelo Wellington De Oliveira Caetano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ahn, Sanghyun) (Entered: 05/05/2026)

#2

May 06, 2026

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 Donald L. Cabell. (LBO) (Entered: 05/06/2026)

#3

May 06, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than May 18, 2026.(CAM) (Entered: 05/06/2026)

#4

May 06, 2026

General Order 19-02

#5

May 06, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA O'Connor and mailed to respondents on 5/6/2026. (CAM) (Entered: 05/06/2026)

May 06, 2026

Copy Mailed

May 06, 2026

Notice of Case Assignment

#6

May 12, 2026

Notice of Appearance

#7

May 12, 2026

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

#8

May 13, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. ELECTRONIC ORDER entered. Before the Court is Petitioner Marcelo Wellington De Oliveira Caetano’s petition for writ of habeas corpus. [ECF No. 1 ]. “Respondents submit 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. 7 at 1]. In that case, the 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. 7 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. He has not received such a hearing, so his 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 he 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 his request for bond was denied, the reasons for that denial.The clerk is directed to enter judgment in favor of Petitioner. Petitioner, whose petition requested an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, [ECF No. 1 at 9], is reminded that, under the EAJA, any application for fees is due within 30 days from final judgment within the meaning of 28 U.S.C. § 2412(d)(2)(G), 28 U.S.C. § 2412(d)(1)(B).(CAM) (Entered: 05/13/2026)

#9

May 13, 2026

Judgment

May 13, 2026

Order AND ~Util - Set Deadlines