District of Massachusetts • 1:25-cv-13551

#1

Nov 24, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11378093 Fee status: Filing Fee paid., filed by Faliston Charles De Oliveira. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Souza Pereira, Karoline) (Entered: 11/24/2025)

#2

Nov 24, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (JAM) (Entered: 11/24/2025)

#3

Nov 24, 2025

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 11/24/2025)

#4

Nov 24, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to AUSA Raquelle Kaye, Rayford Farquhar, and USAMA Civil Process on 11/24/2025 at 3:45 PM. (CEH) (Entered: 11/24/2025)

#5

Nov 24, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition mailed to All Respondents on 11/24/2025. (CEH) (Entered: 11/24/2025)

#6

Nov 24, 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). (CEH) (Entered: 11/24/2025)

#7

Nov 24, 2025

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 11/24/2025)

Nov 24, 2025

Notice of Case Assignment

Nov 24, 2025

Copy Mailed

#8

Nov 25, 2025

Appear Pro Hac Vice

#9

Nov 25, 2025

Notice of Appearance

#10

Nov 26, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 8 Motion for Leave to Appear Pro Hac Vice Added Marcelo Gondim. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 11/26/2025)

#11

Nov 26, 2025

Response to Order to Show Cause

#12

Nov 26, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Faliston Charles De Oliveira’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the facts and legal issues presented in this Petition are similar to those addressed by this Court " [Dkt. 11 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 11/26/2025)

Nov 26, 2025

Order on Motion for Leave to Appear

Nov 26, 2025

Order

#13

Dec 08, 2025

Status Report