District of Massachusetts • 1:26-cv-12070

#1

May 06, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11726668 Fee status: Filing Fee paid., filed by Lucas Morotti Righetti. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 05/06/2026)

#2

May 06, 2026

Judge Richard G. Stearns: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 05/06/2026)

#3

May 07, 2026

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. (MAC) (Entered: 05/07/2026)

#4

May 07, 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). (Currie, Haley) (Entered: 05/07/2026)

#5

May 07, 2026

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 May 14, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/07/2026)

#6

May 07, 2026

Copies of the following were mailed to Antone Moniz, Todd Lyons, David Wesling, U.S. Department of Homeland Security, Markwayne Mullin and Todd Blanche on 5/7/2026: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/07/2026)

May 07, 2026

Notice of Case Assignment

May 07, 2026

Copy Mailed

#7

May 11, 2026

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

#8

May 12, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Lucas Morotti Righetti, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 6, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 8, 15, 21. In November 2014, he entered, and was admitted into, the United States on a B-2 visitor visa. Id. ¶¶ 2, 16; ECF 7-1, at 1. His status was adjusted to an F-1 student in January 2016. ECF 7-1, at 1. That status expired in March 2021. Id. Morotti Righetti was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) on May 5, 2026 after a minor traffic violation in New Hampshire. ECF 1, ¶¶ 1, 10-11. He was subsequently transferred to Massachusetts, where he remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 1, 7-8, 12.The respondents do not dispute that Morotti Righetti is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a) and 8 C.F.R. § 236.1(d)(1). ECF 7, at 1-3. Noncitizens “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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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).In the respondents’ view, this petition should nonetheless be denied because Morotti Righetti has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 7-1, at 3. But the petition itself alleges that he “has not received” or been “afforded” an individualized custody hearing consistent with Hernandez-Lara,” which can be read to suggest that he indeed requested such a hearing. ECF 1, ¶¶ 4, 13, 24. Morotti Righetti is accordingly, as the respondents admit, entitled to a bond hearing. See ECF 7, at 1-3, 5.For the foregoing reasons, Morotti Righetti’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 May 19, 2026, notifying the Court whether Morotti Righetti has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial.(Currie, Haley) (Entered: 05/12/2026)

May 12, 2026

Order