District of Massachusetts • 1:25-cv-13435

#1

Nov 18, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11364835 Fee status: Filing Fee paid., filed by Petherson Giann Letie Cabral. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cameron, Matthew) (Entered: 11/18/2025)

#2

Nov 18, 2025

Emergency MOTION to Amend by Petherson Giann Letie Cabral.(Cameron, Matthew) (Entered: 11/18/2025)

#3

Nov 18, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (SP) (Entered: 11/18/2025)

#4

Nov 18, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 2 Motion to Amend (JAM) (Entered: 11/18/2025)

#5

Nov 18, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/18/2025)

#6

Nov 18, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem on 11/18/2025. (JAM) (Entered: 11/18/2025)

Nov 18, 2025

Order on Motion to Amend

Nov 18, 2025

Copy Mailed

Nov 18, 2025

Notice of Case Assignment

#7

Nov 21, 2025

Notice of Appearance

#8

Nov 26, 2025

Extension of Time to File Response/Reply

#9

Dec 01, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Extension of Time until December 2, 2025, to File a Response/Reply to the habeas petition. (MZ) (Entered: 12/01/2025)

Dec 01, 2025

Order on Motion for Extension of Time to File Response/Reply

#10

Dec 02, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Patricia Hyde, Todd M Lyons, Kristi L Noem. (Sauter, Mark) (Entered: 12/02/2025)

#11

Dec 03, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 10 Response to Petition for Writ of Habeas Corpus - 2241 filed by Todd M Lyons, Patricia Hyde, Kristi L Noem. Petitioner Petherson Giann Leite Cabral challenges his immigration detention and seeks immediate release or a bond hearing. The government maintains its position that because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioner's detention, and the due process clause provides Petitioner only those rights conferred by statute. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Petherson Giann Leite Cabral before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than ten days from the date of this Order (by 12/15/25).(MZ) (Entered: 12/03/2025)

Dec 03, 2025

Order

#12

Dec 16, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered - counsel having reported that the Immigration Judge ordered bond and petitioner was released on December 15, 2025, the Clerk may dismiss and close this case. (MZ) (Entered: 12/16/2025)

#13

Dec 16, 2025

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 12/16/2025)

Dec 16, 2025

Order