District of Massachusetts • 1:26-cv-12364

#1

May 26, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11766599 Fee status: Filing Fee paid., filed by Bernardo Canesso Rodrigues S Faria. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Automated cases Bernardo next Hearing 2028, # 4 Exhibit ICE Locator Search Bernardo, # 5 Exhibit Counsel call to ICE, # 6 Exhibit Counsel call to Plymouth Facility, # 7 Exhibit Counsel email to ICE)(Mandache, Costica) (Entered: 05/26/2026)

#2

May 26, 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 Paul G. Levenson. (CAM) (Entered: 05/26/2026)

#3

May 26, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than June 9, 2026.(CAM) (Entered: 05/26/2026)

#4

May 26, 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: 05/26/2026)

May 26, 2026

Notice of Case Assignment

#5

May 27, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz. (Tolkoff, Benjamin) (Entered: 05/27/2026)

#6

May 27, 2026

MEMORANDUM OF LAW by Bernardo Canesso Rodrigues S Faria to 5 Response to Petition for Writ of Habeas Corpus - 2241. (Mandache, Costica) (Entered: 05/27/2026)

#7

May 27, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Markwayne Mullin, Donald Trump (Tolkoff, Benjamin) (Entered: 05/27/2026)

#8

May 27, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Bernardo Canesso Rodrigues S Faria’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that “the legal issues presented in this Petition are similar to those addressed by this Court in Morales v. Plymouth County Correctional Facility, No. 25-cv-12602 (D. Mass. Sep[t]. 30, 2025)[,] and Rocha v. Hyde, et al., No. 25-cv-12584-ADB, 2025 WL 2807692 (D. Mass. Oct. 2, 2025).” [ECF No. 5 at 1]. In those cases, 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). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales and Rocha, it would reach the same result here and order a bond hearing conducted in Immigration Court pursuant to 8 U.S.C. § 1226(a).” [ECF No. 5 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) by Friday, May 29, 2026. 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 by June 1, 2026, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 05/27/2026)

May 27, 2026

Order