District of Massachusetts • 1:26-cv-12371

#1

May 26, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Wagner Frade Teixeira.(MAP) (Entered: 05/26/2026)

#2

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

#3

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). (Currie, Haley) (Entered: 05/26/2026)

#4

May 26, 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 June 2, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/26/2026)

#5

May 26, 2026

Copies of the following were mailed to all respondents on 5/26/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal Copies of the following were mailed to petitioner on 5/26/2026: 4 Order Concerning Service of Petition and Stay or Transfer of Removal and docket sheet (Currie, Haley) (Entered: 05/26/2026)

May 26, 2026

Copy Mailed

May 26, 2026

Notice of Case Assignment

#6

May 27, 2026

Filing fee/payment: $ 5.00, receipt number 100015551 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 05/27/2026)

May 27, 2026

Filing Fee/Payment Received

#7

May 29, 2026

Notice of Appearance

#8

Jun 02, 2026

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

#9

Jun 03, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Wagner Frade Teixeira filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 26, 2026. ECF 1 . He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) and remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 2.The respondents argue that Teixeira is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are 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 8, 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 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Teixeira’s detention.Noncitizens like Teixeira “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, Teixeira’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 June 11, 2026, notifying the Court whether Teixeira has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/03/2026)

#10

Jun 03, 2026

A copy of the following was mailed to Wagner Frade Teixeira on 6/3/2026: 9 Electronic Order (Currie, Haley) (Entered: 06/03/2026)

Jun 03, 2026

Order

Jun 03, 2026

Copy Mailed

#11

Jun 11, 2026

Status Report

#12

Jun 18, 2026

Judgment

#13

Jun 18, 2026

A copy of the following was mailed to Wagner Frade Teixeira on 6/18/2026: 12 Judgment (Currie, Haley) (Entered: 06/18/2026)

Jun 18, 2026

Copy Mailed