District of Massachusetts • 1:26-cv-12947

#1

Jun 28, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11849329 Fee status: Filing Fee paid., filed by Thalisson Vitor Silva De Souza. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 06/28/2026)

#2

Jun 29, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (MBM) (Entered: 06/29/2026)

#3

Jun 29, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than July 9, 2026.(CAM) (Entered: 06/29/2026)

#4

Jun 29, 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). (CAM) (Entered: 06/29/2026)

#5

Jun 29, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Dell'Ano and mailed to Respondents on 6/29/2026. (CAM) (Entered: 06/29/2026)

Jun 29, 2026

Notice of Case Assignment

Jun 29, 2026

Copy Mailed

#6

Jun 30, 2026

Notice of Appearance

#7

Jul 02, 2026

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

#8

Jul 07, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Thallison Vitor Silva De Souza’s petition for writ of habeas corpus. [ECF No. 1 ]. “Respondents submit that the legal issues presented in this Petition are similar to those addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 7 at 1]. In that case, 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). Morales, No. 25-cv-12602, ECF No. 15 (D. Mass. Sep. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 7 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.The clerk is directed to enter judgment in favor of Petitioner.(CAM) (Entered: 07/07/2026)

#9

Jul 07, 2026

Judgment

Jul 07, 2026

Order AND ~Util - Set Deadlines

#10

Jul 21, 2026

Status Report

#11

Aug 12, 2026

Enforce Judgment

#12

Aug 12, 2026

Expedite

#13

Aug 13, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On August 12, 2026, Petitioner filed a motion to enforce the Court's July 12, 2026, judgment granting his petition for a writ of habeas corpus. [ECF No. 11 ]. Respondents are ordered to file a transcript of Petitioner's bond hearing and respond to Petitioner's motion to enforce, [ECF No. 11 ], by August 20, 2026. (CAM) (Entered: 08/13/2026)

Aug 13, 2026

Order

#14

Aug 19, 2026

RESPONSE to Motion re 11 MOTION to Enforce Judgment filed by Todd W. Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling. (Attachments: # 1 Exhibit A - Manually Filed with the Court)(Sauter, Mark) (Entered: 08/19/2026)

#15

Aug 20, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Currently before the Court are Petitioner’s motions to enforce judgment of the Court’s July 7, 2026 order that he receive a constitutionally adequate bond hearing, [ECF No. 11 ], and to expedite consideration of Petitioner’s motion to enforce judgment, [ECF No. 12 ]. “Respondents acknowledge that if this Court is inclined to follow its recent decision issued in Gamitto de Souza v. Wesling, No. 1:26-cv-12059-ADB, ECF No. 14 (D. Mass. July 27, 2026), the Court is likely to find jurisdiction to review the [immigration judge’s] bond decision and to find that the [immigration judge’s] bond decision violated constitutional due process.” [ECF No. 14 at 2]. Respondents further “acknowledge that as in Gamitto de Souza, the [immigration judge’s] order does not ‘grapple with, or acknowledge in any way, the body of evidence relevant to the bond determination presented by Petitioner’... or ‘reflect meaningful consideration of alternatives to detention,’” [id. at 2 (citing Gamitto de Souza, No. 26-cv-12059)], and state that “should this Court follow its reasoning in Gamitto de Souza, it would reach the same result here and order Petitioner’s release with allowance for Respondents to set conditions of supervision[] for which Petitioner must comply,” [id.]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner’s motion to enforce judgment, [ECF No. 11 ], is GRANTED, and his motion to expedite, [ECF No. 12 ], is DENIED as moot. Respondents are ORDERED to release Petitioner immediately, no later than 5:00 p.m. today, August 20, 2026. This order is without prejudice to Respondents requiring Petitioner to comply with reasonable conditions of supervision upon release, provided that such conditions are imposed, and written notice to Petitioner is provided, within seven days of this order. Respondents are ORDERED to file a status report within seven days of this order confirming their compliance with this order. (CAM) (Entered: 08/20/2026)

Aug 20, 2026

Order AND ~Util - Terminate Motions