District of Massachusetts • 1:25-cv-13468

#1

Nov 20, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11369342 Fee status: Filing Fee paid., filed by Edu De Azevedo Reis. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) Modified on 11/20/2025: to remove duplicate docket text (EZG). (Entered: 11/20/2025)

#2

Nov 20, 2025

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 Donald L. Cabell. (SEC) (Entered: 11/20/2025)

#3

Nov 20, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (EZG) (Entered: 11/20/2025)

#4

Nov 20, 2025

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 November 26, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 11/20/2025)

#5

Nov 20, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, David Wesling, Todd M Lyons and Kristi L Noem on 11/20/2025. (Currie, Haley) (Entered: 11/20/2025)

Nov 20, 2025

Copy Mailed

Nov 20, 2025

Notice of Case Assignment

#6

Nov 25, 2025

Notice of Appearance

#7

Nov 25, 2025

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

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Nov 25, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Edu De Azevedo Reis, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 20, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 6, 11, 23, and at 10. In March 2023, he entered the United States without inspection, was apprehended at the border, and released on conditional parole under 8 U.S.C. § 1226(a)(2). Id. ¶ 11. U.S. Immigration and Customs Enforcement ("ICE") recently arrested and detained De Azevedo Reis and subsequently initiated removal proceedings against him in Chelmsford Immigration Court pursuant to 8 U.S.C. § 1229a. Id. ¶¶ 2, 12. He remains in ICE's custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 1, 5, 6, 12.The respondents argue that De Azevedo Reis 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, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 7, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs De Azevedo Reis' detention.Noncitizens like De Azevedo Reis "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, 2025 WL 2607924, at *1. 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, De Azevedo Reis'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 8 days of this Order. The respondents are further ORDERED to file a status report on or before December 5, 2025, notifying the Court whether De Azevedo Reis has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/25/2025)

Nov 25, 2025

Order

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Dec 04, 2025

Status Report

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Dec 15, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents' December 4, 2025 status report states that petitioner Edu De Azevedo Reis's counsel would "be filing a request for a bond hearing soon." ECF 9, at 1. In light of this representation, the parties are ORDERED to file a joint status report by December 17, 2025 updating the Court on the status of that request and notifying the Court whether De Azevedo Reis has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/15/2025)

Dec 15, 2025

Order

#11

Dec 17, 2025

Status Report

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Dec 18, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The Court notes the parties' joint status report, ECF 11 . The parties are ORDERED to file a further status report on or before January 2, 2026, stating whether De Azevedo Reis has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/18/2025)

Dec 18, 2025

Order

#13

Jan 05, 2026

Status Report

#14

Jan 06, 2026

Judgment