District of Rhode Island • 1:25-cv-00625

#1

Nov 25, 2025

Petition for Writ of Habeas Corpus-New Case

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Nov 25, 2025

Order

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Nov 25, 2025

Notice of Appearance

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Nov 25, 2025

Seal

Nov 25, 2025

Case Assigned/Reassigned

Dec 05, 2025

TEXT ORDER: Respondents shall file a response to 1 PETITION for Writ of Habeas Corpus on or before 12/11/25. So Ordered by Chief Judge John J. McConnell, Jr. on 12/5/2025. (Jackson, Ryan)

Dec 05, 2025

Order

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Dec 09, 2025

Response to Motion

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Dec 10, 2025

Judgment

Dec 10, 2025

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: : Jefferson Luiz Geronimo Da Silva has filed a habeas petition, arguing that his arrest and continued detention by immigration officials is unlawful, and that he must be released or given a bond hearing before an immigration judge ("IJ") under 8 U.S.C. §1226(a). ECF No. 1. In its Response, the Government stated that the legal issues presented in this case are like those recently addressed by the Court in Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I. Oct 27, 2025). ECF No. 6 at 1. The Government also acknowledged that, should the Court follow its reasoning in Tomas Elias, it should reach the same result in Mr. Da Silva's case. Id. The Court finds that the reasoning provided in Tomas Elias remains correct and, as such, finds that Mr. Da Siva is entitled to a bond hearing under §1226(a).Therefore, the Court GRANTS Mr. Da Silva's 1 Petition. ECF No. 1. The Government is hereby ORDERED (1) to provide Jefferson Luiz Geronimo Da Silva with a bond hearing before an IJ under 8 U.S.C. §1226(a) within ten days of the date of this order; and (2) the Government must release Jefferson Luiz Geronimo Da Silva immediately pending the bond hearing. Per its request, the Government is permitted to transfer Mr. Da Silva to Burlington, Massachusetts to process Mr. Da Silva's release and to allow for the setting of minimal release conditions that will reasonably assure his appearance at the bond hearing. ECF No. 6 at 1-2 n.4. However, effectuating this transfer and determining minimal release conditions shall not in any way impede Mr. Da Silva's immediate release. Finally, (3) the Court ORDERS the Government to file a status report within five days of Mr. Da Silva's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 12/10/2025. (Jackson, Ryan)

Dec 10, 2025

Order on Petition for Writ of Habeas Corpus