District of Massachusetts • 1:26-cv-12119

#1

May 08, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11733118 Fee status: Filing Fee paid., filed by Francisco Javier Contreras Brito. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Silva, Jonatas) Modified on 5/11/2026: Removed duplicate text. (FGD) (Entered: 05/08/2026)

#2

May 11, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (NMC) (Entered: 05/11/2026)

#3

May 11, 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). (SED) (Entered: 05/11/2026)

#4

May 11, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 05/11/2026)

#5

May 11, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 5/11/2026. (SED) (Entered: 05/11/2026)

May 11, 2026

Notice of Case Assignment

May 11, 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 14, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 7 RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241).Francisco Javier Contreras Brito, a citizen of the Dominican Republic, has filed a petition pursuant to 28 U.S.C. § 2241 challenging his detention by the respondents. Doc. No. 1 . Contreras Brito alleges that he was stopped by border officers in 2022, found to have a credible fear of torture in his home country, then released on his own recognizance and since that time has complied with the conditions of supervision imposed on him by ICE. Nevertheless, he was arrested at a recent routine check-in at an ICE field office and is now detained after the unlawful termination of his release without notice and without an individualized finding supporting such termination. He alleges no changes in circumstances, such as a violation of the conditions of his supervision, and claims his detention violates the Constitution and federal statutes. The respondents do not contest the facts alleged by Contreras Brito, nor do they identify any reason to suggest he poses a risk of danger or flight. See Doc. No. 7 . They incorporate their legal arguments from prior cases, in which they defended the relevant noncitizens continued detention by claiming it was permitted (and, indeed, mandated) by 8 U.S.C. § 1225. As the Court concluded in those cases, and on the facts alleged here, Contreras Brito is not subject to mandatory detention under Section 1225. His petition is therefore ALLOWED.Because the violation before the Court arises from the termination of Contreras Britos release without any change in circumstances and without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Contreras Brito, no later than 6 PM today, May 14, 2026, and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report by tomorrow, May 15, 2026, confirming that Contreras Brito has been released in compliance with this Order.(FGD) (Entered: 05/14/2026)

#9

May 14, 2026

Status Report

May 14, 2026

Order

#10

May 15, 2026

Judgment