District of Massachusetts • 1:25-cv-13450

#1

Nov 19, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11367407 Fee status: Filing Fee paid., filed by Diego Campos Gomes. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit IJ Order)(Cerretani, Gabriela) (Entered: 11/19/2025)

#2

Nov 19, 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. (LBO) (Entered: 11/19/2025)

#3

Nov 19, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/19/2025)

#4

Nov 19, 2025

Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to Pamela Bondi, Todd M Lyons, Kristi L. Noem, Antone Moniz, David Wesling and Department of Homeland Security on 11/19/2025. (JAM) (Entered: 11/19/2025)

Nov 19, 2025

Copy Mailed

Nov 19, 2025

Notice of Case Assignment

#5

Nov 21, 2025

Notice of Appearance

#6

Nov 25, 2025

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

#7

Nov 26, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L. Noem, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi, Antone Moniz.Petitioner Diego Campos Gomes is a nineteen-year-old citizen of Brazil who is detained by ICE at Plymouth County Correctional Facility in Plymouth, MA. Campos Gomes 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 Diego Campos Gomes 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 fourteen days from the date of this Order (by 12/10/25).(MZ) (Entered: 11/26/2025)

Nov 26, 2025

Order

#8

Dec 16, 2025

Status Report

#9

Dec 16, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Status Report filed by Diego Campos Gomes. The Immigration Judge having granted petitioner bond on 12/4/25, the Clerk may dismiss and close this case. (MZ) (Entered: 12/16/2025)

#10

Dec 16, 2025

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

Dec 16, 2025

Order