District of Massachusetts • 1:26-cv-12059

#1

May 06, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) DETAINED AT BOSTON FIELD OFFICE Filing fee: $ 5, receipt number AMADC-11724751 Fee status: Filing Fee paid., filed by Francismar Gamitto de Souza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lagana, Stephen) (Entered: 05/06/2026)

#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 Jennifer C. Boal. (LBO) (Entered: 05/06/2026)

#3

May 06, 2026

Service Order-2241 Petition

#4

May 06, 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). (CAM) (Entered: 05/06/2026)

#5

May 06, 2026

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

May 06, 2026

Notice of Case Assignment

May 06, 2026

Copy Mailed

#6

May 14, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Lyons, Markwayne Mullin, David Wesling (Sauter, Mark) (Entered: 05/14/2026)

#7

May 14, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), Abbreviated by Todd Lyons, Markwayne Mullin, David Wesling. (Sauter, Mark) (Entered: 05/14/2026)

#8

May 15, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Francismar Gamitto de Souza’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge 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, this 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. Sep. 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 final 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: 05/15/2026)

#9

May 15, 2026

Judge Allison D. Burroughs: ORDER entered. JUDGMENT in favor of Petitioner, Francismar Gamitto de Souza. (CAM) (Entered: 05/15/2026)

May 15, 2026

Order