District of Massachusetts • 1:26-cv-12689

Dornelas Fagundes v. Hyde

Active

Case Information

Filed: June 14, 2026
Assigned to: Patti B. Saris
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 14, 2026
MOTION FOR TEMPORARY RESTRAINING ORDER/INJUNCTIVE RELIEF & PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 against All Defendants Filing fee: $ 405, receipt number AMADC-11816394 (Fee Status: Filing Fee paid), filed by Nilton Dornelas Fagundes. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit A, # 4 Exhibit B)(Anderson, Elizabeth) Modified on 6/15/2026: Update docket text. (MAC) (Entered: 06/14/2026)
Main Document: Complaint
#2
Jun 15, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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 Jennifer C. Boal. (SP) (Entered: 06/15/2026)
#3
Jun 15, 2026
District Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due by June 18, 2026. (LP) (Main Document 3 replaced on 6/15/2026 for time correction) (LP). Modified on 6/15/2026 (LP). (Entered: 06/15/2026)
Main Document: Service Order-2241 Petition
#4
Jun 15, 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). (LP) (Entered: 06/15/2026)
Main Document: General Order 19-02
#5
Jun 15, 2026
Copy re 3 Service Order - 2241 Petition, 1 PETITION for Writ of Habeas (2241)- mailed to Respondents and courtesy copy emailed to Duty AUSA on 6/15/2026. (CGK) (Entered: 06/15/2026)
Jun 15, 2026
Notice of Case Assignment
Jun 15, 2026
Copy Mailed
#6
Jun 16, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Patricia Hyde, Todd M Lyons, Markwayne Mullin (McMahon, Erica) (Entered: 06/16/2026)
Main Document: Notice of Appearance
#7
Jun 16, 2026
RESPONSE/ANSWER to Petitioner's 1 Complaint, for Writ of Habeas Corpus by Todd Blanche, Patricia Hyde, Todd M Lyons, Markwayne Mullin. (McMahon, Erica) (Entered: 06/16/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jun 16, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241. Petitioner Nilton Dornelas Fagundes ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes "that the legal issues presented in this [p]etition are similar to those recently addressed by this Court in Guerrero Orellana v. Moniz" and that if "the Court follow[s] its reasoning in Guerrero Orellana..., it would reach the same result here." Dkt. 7 at 1-2. Given this concession and for the reasons stated in Guerrero Orellana, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 306-12 (D. Mass. 2025), appeal filed, No. 25-2152 (1st Cir. Dec. 2, 2025); Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 193-95 (D. Mass. 2025), appeal filed, No. 26-1094 (1st Cir. Jan. 22, 2026).Accordingly, the Court ALLOWS. the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing. (CGK) (Entered: 06/16/2026)
#9
Jun 16, 2026
SET DEADLINES as to: STATUS REPORT due by 6/30/2026.(CGK) (Entered: 06/16/2026)
Jun 16, 2026
Order
#10
Jun 30, 2026
Status Report
Main Document: Status Report
#11
Jun 30, 2026
Judgment
Main Document: Judgment