District of Massachusetts • 1:26-cv-12107

#1

May 08, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11732222 Fee status: Filing Fee paid., filed by Rodnei Pereira Medeiros. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(Da Cruz, Jacinda) (Entered: 05/08/2026)

#2

May 08, 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 M. Page Kelley. (MBM) (Entered: 05/08/2026)

#3

May 08, 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: 05/08/2026)

#4

May 08, 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 15, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/08/2026)

#5

May 08, 2026

Copies of the following were mailed to Patricia Hyde, Todd Lyons, Markwayne Mullin, US Department of Homeland Security and Todd Blanche on 5/8/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/08/2026)

May 08, 2026

Notice of Case Assignment

May 08, 2026

Copy Mailed

#6

May 13, 2026

Notice of Appearance

#7

May 13, 2026

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

#8

May 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Rodnei Pereira Medeiros, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 8, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 7, 10, 16. In December 2021, he entered the United States without inspection and, following a brief detention, was released on an Order of Recognizance pursuant to 8 U.S.C. § 1226. Id. ¶¶ 1, 16-17; id. at 11, Ex. A. He applied for asylum with United States Citizenship and Immigration Services in July 2023. Id. ¶¶ 2, 20; id. at 13, Ex. B. On May 8, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) when he attended his check-in at its office in Burlington, Massachusetts, where he remains in custody. Id. ¶¶ 4, 10, 22, 29.The respondents argue that Pereira Medeiros is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the factual and legal issues presented in this Petition . . . are substantially similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 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, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in these cases[,] 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 Pereira Medeiros’ detention.Noncitizens like Pereira Medeiros “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, 799 F. Supp. 3d at 19-20. 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, Pereira Medeiros’ 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 22, 2026, notifying the Court whether Pereira Medeiros has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/13/2026)

May 13, 2026

Order