District of Massachusetts • 1:26-cv-40157

#1

Jun 17, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11824631 Fee status: Filing Fee paid., filed by Roanderson Goncalves De Faria. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Hurley, Brian) Modified on 6/17/2026 to remove duplicate docket text (LBO). (Entered: 06/17/2026)

#2

Jun 17, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman 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 David H. Hennessy. (LBO) (Entered: 06/17/2026)

#3

Jun 17, 2026

District Judge Margaret R. Guzman: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the Petitioner shall not be moved from the state of Massachusetts without providing the Court with at least 72 hours advance notice of the move and the reason therefore. Any such 72-hour notice period shall commence at the date and time such notice is filed and expire 72 hours later, except if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C).Respondents shall file a response to the PETITION for Writ of Habeas Corpus [ECF 1] on or beforeMonday, June 22, 2026, by 12:00PM.SERVICE ORDER re Petition for Writ of Habeas Corpus (2241) [ECF No. 1]. To ensure that the relevant government officials have notice of the Petition, the Clerk shall serve a copy of the Petition upon Respondents, the civil duty attorney for the United States Attorney's Office and the United States Attorney for the District of Massachusetts.(SF) (Entered: 06/17/2026)

#4

Jun 18, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL,,,, mailed to Respondents on 6/18/2026. (JB) (Entered: 06/18/2026)

#5

Jun 22, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by David Wesling. (Tolkoff, Benjamin) (Entered: 06/22/2026)

#6

Jun 23, 2026

Case transferred to Eastern Division (Boston). (SF) (Entered: 06/23/2026)

#7

Jun 23, 2026

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. Case is hereby transferred to the Boston division in accordance with L.R. 40.1. The court directs the clerk to reassign the case. (SF) (Entered: 06/23/2026)

Jun 23, 2026

Case Transferred Out - Divisional Transfer

Jun 23, 2026

Order

#8

Jun 24, 2026

Case transferred in from Central Division (Worcester) on 6/23/2026 Case Number 4:26-cv-40157. All future filing to be entered in Eastern Division (Boston) Case Number 1:26-cv-40157. (Danieli, Chris) (Entered: 06/24/2026)

#9

Jun 24, 2026

ELECTRONIC NOTICE of Case Reassignment. District Judge Julia E. Kobick 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. (Danieli, Chris) (Entered: 06/24/2026)

#10

Jun 24, 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). (Currie, Haley) (Entered: 06/24/2026)

#11

Jun 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Roanderson Goncalves De Faria, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 17, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 11 & at 6. In October 2001, he entered, and was admitted into, the United States on a B-2 visitor visa. Id. ¶ 11. That visa expired in 2002. ECF 5, at 2. On June 17, 2026, Goncalves De Faria was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) in Massachusetts. ECF 1, ¶ 12. He remains in ICE custody at its office in Burlington but may be transferred to Plymouth County Correctional Facility. Id. ¶¶ 3-4, 14.The respondents do not dispute that Goncalves De Faria is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a) and 8 C.F.R. § 236.1(d)(1). See ECF 5, at 1-3. Noncitizens “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).In the respondents’ view, this petition should nonetheless be denied because Goncalves De Faria has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 5, at 2-3, 5-6. Exhaustion may be excused, however, where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Goncalves De Faria would receive a bonding hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Goncalves De Faria, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Goncalves De Faria is therefore entitled to a bond hearing, as the respondents admit. See ECF 5, at 2-3.For the foregoing reasons, Goncalves De Faria’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before July 2, 2026, notifying the Court whether Goncalves De Faria has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/24/2026)

Jun 24, 2026

Case Transferred In - Divisional Transfer

Jun 24, 2026

Notice of Case Assignment

Jun 24, 2026

Order

#12

Jul 01, 2026

STATUS REPORT by David Wesling. (Tolkoff, Benjamin) (Entered: 07/01/2026)

#13

Jul 01, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 07/01/2026)