District of Massachusetts • 1:26-cv-12701

#1

Jun 15, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11818374 Fee status: Filing Fee paid., filed by Lucinei Ferreira Dos Santos. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Walsh, Christopher) (Entered: 06/15/2026)

#2

Jun 15, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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 M. Page Kelley. (SP) (Entered: 06/15/2026)

#3

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). (EZG) (Entered: 06/15/2026)

#4

Jun 15, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 06/15/2026)

Jun 15, 2026

Notice of Case Assignment

#5

Jun 18, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd W. Blanche, Executive Office for Immigration Review, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, David Venturella (Sauter, Mark) (Entered: 06/18/2026)

#6

Jun 22, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Executive Office for Immigration Review, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, David Venturella. (Sauter, Mark) (Entered: 06/22/2026)

#7

Jul 20, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Lucinei Ferreira Dos Santos. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Lucinei Ferreira Dos Santos ("Petitioner"), D. 1, and Respondents' response to same, D. 6, the Court ALLOWS the Petition to the following extent. Respondents submit that this Court's decisions in Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, and Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), are likely dispositive here. See D. 6 at 1-2. Consistent with this Court's prior rulings, including and not limited to Dias de Carvalho and Da Silva, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), see Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226 and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.To the extent Petitioner requests relief that he shall not be transferred out of Massachusetts indefinitely, see D. 1 at 15, Petitioner’s requested relief is DENIED. See Benito Vasquez v. Moniz, 788 F. Supp. 3d 177, 182 (D. Mass. 2025) (noting generally that "such requests are beyond the extent of habeas relief"). (SEC) (Entered: 07/20/2026)

Jul 20, 2026

Order

#8

Jul 30, 2026

STATUS REPORT and Request for Dismissal of Petition by Todd W. Blanche, Executive Office for Immigration Review, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 07/30/2026)

#9

Aug 03, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status report, D. 8, and the prior relief given, D. 7, the Court DISMISSES the Petition and closes this case.(SEC) (Entered: 08/03/2026)

#10

Aug 03, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 08/03/2026)

Aug 03, 2026

Order