District of Massachusetts • 1:26-cv-12154
Marcelino Da Costa v. Moniz
Active
Case Information
Filed: May 12, 2026
Assigned to:
F. Dennis Saylor IV
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
June 07, 2026
Parties:
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Docket Entries
#1
May 12, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11739584 Fee status: Filing Fee paid., filed by Marcos Vinicius Marcelino Da Costa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lattarulo, Andrew) (Entered: 05/12/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
May 12, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge F. Dennis Saylor, IV 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. (MAC) (Entered: 05/12/2026)
#3
May 12, 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). (MAC) (Entered: 05/12/2026)
Main Document:
General Order 19-02
May 12, 2026
Notice of Case Assignment
#4
May 13, 2026
Service Order-2241 Petition
Main Document:
Service Order-2241 Petition
#5
May 19, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#6
May 26, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#7
May 28, 2026
District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. re Dkt. No. 1, Emergency Petition for Writ of Habeas Corpus, filed by Marcos Vinicius Marcelino Da Costa On May 12, 2026, petitioner filed a petition for a writ of habeas corpus, contending that his detention without a bond hearing violates the Immigration and Nationality Act and his Fifth Amendment due-process rights.The government responded to the petition on May 19, 2026, and represented that a bond hearing for petitioner was held before an immigration judge on May 18, 2026, at which the IJ ordered petitioner detained as a danger to the community. (Dkt. No. 5 at 2).Because petitioner has been granted a bond hearing, it appears that he is properly detained under 8 U.S.C. § 1226(a), and that his detention does not, at least under present circumstances, violate the Fifth Amendment. As a result, the petition will be DENIED as moot unless petitioner shows cause within 14 days—that is, by June 11, 2026—why the petition should not be denied on that basis.(MAC) (Entered: 05/28/2026)
May 28, 2026
Order
#8
Jun 07, 2026
Response to Court Order
Main Document:
Response to Court Order
#9
Jun 07, 2026
Seal
Main Document:
Seal
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