District of Massachusetts • 1:26-cv-13032

Neto v. Muniz

Completed

Case Information

Filed: July 01, 2026
Assigned to: Leo Theodore Sorokin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 30, 2026
Last Activity: August 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Jose Lucas Neto.(JKK) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 01, 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 M. Page Kelley. (LBO) (Entered: 07/01/2026)
#3
Jul 01, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 07/01/2026)
Main Document: Service Order-2241 Petition
#4
Jul 01, 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). (FGD) (Entered: 07/01/2026)
Main Document: General Order 19-02
#5
Jul 01, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA and mailed to Respondents and USAO on 7/1/2026. (FGD) (Entered: 07/01/2026)
#6
Jul 01, 2026
District Judge Leo T. Sorokin: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (FGD) (Entered: 07/01/2026)
Main Document: PSSA Order 2 - 2241 no fee or IFP
#7
Jul 01, 2026
Copy re 6 PSSA Order 2 mailed to Jose Lucas Neto on 7/1/2026. (FGD) (Entered: 07/01/2026)
Jul 01, 2026
Copy Mailed
Jul 01, 2026
Notice of Case Assignment
#8
Jul 07, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Jul 07, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Jul 08, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The respondents argue, with supporting documents, that the petitioner's detention is governed by 8 U.S.C. 1231 because of the reinstatement of a 2016 removal order. The petitioner may file a reply addressing the effect of the prior removal order on his claims. The reply is due July 22, 2026, and shall be limited to 10 pages in length. (SED) (Entered: 07/08/2026)
#11
Jul 08, 2026
Copy re 10 Order, mailed to Jose Lucas Neto on 7/8/2026. (SED) (Entered: 07/08/2026)
Jul 08, 2026
Order
Jul 08, 2026
Copy Mailed
#12
Jul 30, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Jose Lucas Neto, representing himself, filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by immigration authorities since mid-June. Doc. No. 1 . The petition included few facts, but it alleged Neto’s eligibility for a bond hearing pursuant to decisions rendered in a class action pending before another session of this Court, and it also claimed his detention had become so prolonged as to contravene the Constitution’s due process guarantee. The respondents answered with a memorandum, supported by documents, which painted a fuller picture of Neto’s immigration history. Doc. No. 9 ; Doc. Nos. 9-1 to -6. These submissions show that Neto is the subject of a final order of removal issued and implemented in 2016, and he reentered the United States unlawfully at some point thereafter. The respondents reinstated the removal order in June and detained him pursuant to 28 U.S.C. 1231, which provides for a period of mandatory detention of noncitizens subject to final orders of removal. Because Neto had not mentioned these facts in his petition, the Court invited him to file a reply by July 22, 2026. Doc. No. 10. That date has passed, and the Court has received no further submissions. In light of the foregoing, and for the reasons identified by the respondents in their memorandum, Doc. No. 9, the petition (Doc. No. 1) is DENIED. (SED) (Entered: 07/30/2026)
#13
Jul 30, 2026
Judgment
Main Document: Judgment
#14
Jul 30, 2026
Copy re 13 Judgment, 12 Order, mailed to Jose Lucas Neto on 7/30/2026. (SED) (Entered: 07/30/2026)
Jul 30, 2026
Copy Mailed
Jul 30, 2026
Order
#15
Aug 07, 2026
Appendix/Exhibit
Main Document: Appendix/Exhibit

Parties

Muniz
Party
Neto
Party