District of Massachusetts • 1:26-cv-12948

#1

Jun 28, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11849334 Fee status: Filing Fee paid., filed by Pedro Henrique Vasconcelos Astine. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Petitioner's B2 Visa)(Chatterjee, Shantanu) (Entered: 06/28/2026)

#2

Jun 28, 2026

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 06/28/2026)

#3

Jun 29, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (MBM) (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). (SED) (Entered: 06/29/2026)

#5

Jun 29, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 06/29/2026)

#6

Jun 29, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), Petition emailed to Duty AUSA and mailed to Respondents and USAO on 6/29/2026. (SED) (Entered: 06/29/2026)

Jun 29, 2026

Copy Mailed

Jun 29, 2026

Notice of Case Assignment

#7

Jul 01, 2026

Notice of Appearance

#8

Jul 01, 2026

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

#9

Jul 02, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The petitioner in this case is a twenty-year-old young man who is a citizen of Brazil. Doc. No. 1 at 1. He came to the United States lawfully, on a tourist visa, when he was thirteen years old. Id. He lives in Massachusetts with his parents and two younger brothers. Id. On Sunday, June 28, while visiting a pond in Halifax, Massachusetts, the petitioner was arrested by ICE officers. Id. He has been detained ever since. In this action, he challenges the lawfulness of his detention. The respondents have answered the petition, conceding the petitioner is entitled to a bond hearing and neither supplementing nor contesting the factual allegations just summarized. Doc. No. 8. They do not suggest, let alone attempt to demonstrate, that there is any reason to believe the petitioner poses a risk of flight or a danger to the community.Having reviewed the Petition and the Response in this case, and in light of the circumstances just described, the Court hereby ALLOWS the Petition as follows. The respondents are hereby ORDERED to RELEASE the petitioner IMMEDIATELY, without prejudice to scheduling a bond hearing before an immigration judge pursuant to 28 U.S.C. 1226(a), to be held no later than July 9, 2026. The respondents shall effect the petitioner’s release by no later than 3 PM today, July 2, 2026. In the event the respondents choose to pursue a bond hearing, they are bound by their concession that the petitioner is subject to detention only under Section 1226(a), and they may not argue he is subject to detention under Section 1225. The burdens of proof at any bond hearing are as resolved by the First Circuit in Hernandez-Lara and, in determining whether the government has met its burden of proof as to risk of flight or danger to the community, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would mitigate such risk or danger. If a bond hearing occurs, the respondents shall provide a copy of this Order to the immigration judge no later than at the start of the hearing. The respondents shall not retaliate against the petitioner for filing this Petition. No later than July 10, 2026, the respondents shall file a status report describing their compliance with this Order. (SED) (Entered: 07/02/2026)

Jul 02, 2026

Order