District of Massachusetts • 1:25-cv-13664

#1

Dec 03, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11395211 Fee status: Filing Fee paid., filed by Leonardo De Melo Leite. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Exh 1 - Parole, # 4 Exhibit Exh 2 - I286, # 5 Exhibit Exh 3 - I589 Receipt, # 6 Exhibit Exh 4 - I589 Dismissal, # 7 Exhibit Exh 5 - CFI Referral, # 8 Exhibit Exh 6 - IJ Decision Vacating Negative Cred. Fear Finding)(Cerretani, Gabriela) (Entered: 12/03/2025)

#2

Dec 03, 2025

Order

#3

Dec 04, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (CM) (Entered: 12/04/2025)

#4

Dec 04, 2025

Service Order-2241 Petition

#5

Dec 04, 2025

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Mark Sauter, Rayford Farquhar, and USAMA Civil Process on 12/4/2025 at 8:52 AM. (CEH) (Entered: 12/04/2025)

#6

Dec 04, 2025

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All Respondents on 12/4/2025. (CEH) (Entered: 12/04/2025)

#7

Dec 04, 2025

General Order 19-02

#8

Dec 04, 2025

Order

Dec 04, 2025

Notice of Case Assignment

Dec 04, 2025

Copy Mailed

#9

Dec 08, 2025

Notice of Appearance

#10

Dec 09, 2025

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

#11

Dec 11, 2025

Response - not related to a motion

#12

Dec 29, 2025

Notice of Appearance

#13

Dec 30, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner De Melo Leite’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Petitioner was initially detained under 8 U.S.C. § 1225(b)(1), which subjects certain non-citizens to mandatory detention. [Dkt. 10-1]. However, shortly after his entry, DHS issued Petitioner a Notice of Custody Determination reflecting that DHS exercised custody authority under Section 236 of the INA, 8 U.S.C. §1226(a). [Dkt. 1-4]. Petitioner was then released on parole pursuant to Section 1226(a). [Id.]. Following the reasoning in De Andrade v. Moniz, Petitioner’s parole pursuant to Section 1226(a) “extinguished the legal fiction that a non-citizen who is physically present in the United States has, in fact, not effected an entry into the United States.” 25-CV-12455-FDS, 2025 WL 2841844, at *5 (D. Mass. Oct. 7, 2025); see Loja v. FCI Berlin, 25-CV-386-JL-TSM, 2025 WL 3079160, at *2 (D.N.H. Nov. 4, 2025) (same). Therefore, Petitioner “must be treated like any other unlawfully ‘present’ non-citizen—and the lawfulness of his detention is governed by 8 U.S.C. § 1226.” De Andrade, 2025 WL 2841844, at *5. Respondent does not dispute that Petitioner was conditionally paroled under Section 1226(a), and Respondent’s authorities do not pertain to non-citizens detained under Section 1226(a). After holding that Section 1226(a) applies, this case is governed by the Court’s prior decision in Amaya Sanchez v. Moniz, 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which 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). Under Amaya Sanchez, Petitioner’s continued detention without a bond hearing is illegal.For these reasons, Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar 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)(1). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 12/30/2025)

Dec 30, 2025

Order

#14

Jan 09, 2026

Status Report