District of Massachusetts • 1:25-cv-13587

#1

Nov 25, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11382064 Fee status: Filing Fee paid., filed by Maxwell Esmero Silva Rodrigues. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Notice to Appear, # 4 Exhibit I220A, # 5 Exhibit 2nd Notice to Appear)(Cerretani, Gabriela) (Entered: 11/25/2025)

#2

Nov 26, 2025

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. (NMC) (Entered: 11/26/2025)

#3

Nov 26, 2025

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 11/26/2025)

Nov 26, 2025

Notice of Case Assignment

#4

Dec 02, 2025

General Order 19-02

#5

Dec 09, 2025

Notice of Appearance

#6

Dec 09, 2025

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

#7

Dec 19, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241). Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Maxwell Esmero Silva Rodrigues ("Petitioner"), D. 1, and Respondents' response to same, D. 6, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), 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.Factual Background. Petitioner is a noncitizen from Brazil currently detained at the Immigration and Customs Enforcement ("ICE") Plymouth County Correctional Facility in Plymouth, Massachusetts. D. 1 ¶¶ 1, 8, 19. Petitioner entered the United States without inspection on or about March 20, 2023. Id. ¶¶ 1, 15. Customs and Border Protection ("CBP") agents apprehended Petitioner shortly after his arrival, he was briefly held in Department of Homeland Security ("DHS") custody and subsequently released from custody on his own recognizance. See id. ¶¶ 1, 15-16; D. 1-4 at 1. On March 23, 2023, a Notice to Appear ("NTA") for removal proceedings was issued to Petitioner ordering him to appear before an immigration judge on May 9, 2023 in Boston, Massachusetts. D. 1-3 at 1. The NTA charged Petitioner as a person "present in the United States who has not been admitted or paroled" under INA § 212(a)(6)(A)(i) [8 U.S.C. 1182(a)(6)(A)(1) (providing that "[a]n alien present in the United States without being admitted or paroled,..., is inadmissible")], id., not as an "arriving alien." Id. Petitioner's removal proceedings have been pending since approximately July 11, 2025, when DHS reinitiated the removal proceedings. D. 1 ¶ 18; see D. 1-5 at 1. On or about November 5, 2025, Petitioner was detained by ICE in Chelsea, Massachusetts. D. 1 ¶¶ 2, 19.Petitioner alleges that his detention is not authorized under 8 U.S.C. § 1225(b), and that his custody is properly governed by 8 U.S.C. § 1226(a). Id. ¶¶ 3-5, 20-23, 29-31, 35-37. Petitioner contends that his detention without a bond hearing is, therefore, unlawful, including because it violates his rights under the Due Process Clause of the Fifth Amendment, id. ¶¶ 27-33, is contrary to statute, id. ¶¶ 34-38, and violates the Administrative Procedure Act, id. ¶¶ 39-44. He seeks immediate release or a bond hearing. Id. ¶ 5.Discussion. The Petition challenges Petitioner's detention in this district and seeks relief from same. Id. at 10. Accordingly, this Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context").Consistent with this Court's prior rulings, including and not limited to Da Silva v. Bondi, No. 25-cv-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), and Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, 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"), as Respondents contend, see D. 6 at 2 n.2; see also Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). In the instant case, Petitioner has been classified as an alien present in the United States who has not been admitted or paroled, and not as an arriving alien, in the NTAs issued by Respondents. D. 1-3 at 1; D. 1-5 at 1. Respondents acknowledges that this Court's decisions in Dias de Carvalho and Da Silva are likely dispositive here. See D. 6 at 1.For the foregoing reasons, the Court concludes as follows. The Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), 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. (SEC) (Entered: 12/19/2025)

Dec 19, 2025

Order

#8

Dec 29, 2025

Order

#9

Dec 30, 2025

Withdraw

#10

Dec 30, 2025

Status Report

Jan 05, 2026

Order on Motion to Withdraw