District of Massachusetts • 1:26-cv-13255

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Yuri Barbosa Da Silva. (Attachments: # 1 Envelope)(SR) (Entered: 07/15/2026)

#2

Jul 15, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format both a Local Category Form & a Civil Cover Sheet. Both forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (SR) (Entered: 07/15/2026)

Jul 15, 2026

Notice - Other

#3

Jul 16, 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. (NMC) (Entered: 07/16/2026)

#4

Jul 16, 2026

District Judge Leo T. Sorokin: ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that Sara Bloom of Massachusetts Deportation Defense is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Certain Civil Cases. Appointed counsel or her/his designated associate(s) shall serve until the litigation is terminated or the Court enters an order revoking said appointment., Attorney Sara Bloom added. (SED) (Entered: 07/16/2026)

#5

Jul 16, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER TO SHOW CAUSE. The petitioner filed this action without the assistance of counsel. Upon initial review, the Court noted possible jurisdictional defects that might require dismissal. Exercising its discretionary power pursuant to 18 U.S.C. 3006A(a)(2)(B), the Court has appointed Attorney Sara Bloom to represent the petitioner so that the jurisdictional issues can be evaluated and briefed, and the petition amended as appropriate, with the benefit of counsel’s assistance. It is hereby ORDERED that the petitioner shall SHOW CAUSE by July 23, 2026, why this Court has jurisdiction over the claims and requests for relief in the pending petition. Should the petitioner wish to amend the petition, he may do so through counsel. The Clerk shall serve a copy of the petition and this order on the respondents via the U.S. Attorney’s Office. The respondents’ obligation to answer the petition is STAYED until further order of the Court. Pending the Court’s receipt and review of the petitioner’s show-cause response and/or any amended petition, and to permit the Court to resolve whether it has jurisdiction over this matter, the respondents shall not remove the petitioner from the United States or from the District of Massachusetts absent 72 hours’ written notice to the Court.(FGD) (Entered: 07/16/2026)

#6

Jul 16, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Order to Show Cause, emailed to Duty AUSA and mailed to Respondent and USAO on 7/16/2026. (FGD) (Entered: 07/16/2026)

#7

Jul 16, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order Appointing Pro Bono Counsel, 5 Order to Show Cause, mailed to Yuri Barbosa Da Silva on 7/16/2026. (FGD) (Entered: 07/16/2026)

#8

Jul 16, 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: 07/16/2026)

#9

Jul 16, 2026

Filing fee/payment: $ 5.00, receipt number 100016037 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) Modified entry on 7/17/2026 to properly reflect filing fee (LBO). (Entered: 07/16/2026)

Jul 16, 2026

Notice of Case Assignment

Jul 16, 2026

Filing Fee/Payment Received

Jul 16, 2026

Copy Mailed

Jul 16, 2026

Order Appointing Pro Bono Counsel AND ~Util - Add and Terminate Attorneys

Jul 16, 2026

Order To Show Cause

#10

Jul 17, 2026

NOTICE of Appearance by Sara M. Bloom on behalf of Yuri Barbosa Da Silva (Bloom, Sara) (Entered: 07/17/2026)

#11

Jul 21, 2026

Amended Habeas Petition against Antone Moniz, David J. Venturella, Patricia Hyde, Todd W. Blanche, MARKWAYNE MULLIN, filed by Yuri Barbosa Da Silva.(Bloom, Sara) Modified docket text on 7/21/2026 (FGD). (Entered: 07/21/2026)

#12

Jul 21, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 07/21/2026)

#13

Jul 21, 2026

Copy re 11 Amended Petition, 12 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 7/21/2026. (FGD) (Entered: 07/21/2026)

Jul 21, 2026

Copy Mailed

#14

Jul 23, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd W. Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullin, David J. Venturella (Engingro, Vincent) (Entered: 07/23/2026)

#15

Jul 24, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd W. Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Engingro, Vincent) (Entered: 07/24/2026)

#16

Jul 24, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner may reply to the arguments advanced by the respondents (Doc. No. 15 ) by filing a memorandum, limited to 10 pages in length, by Friday, July 31, 2026. (SED) (Entered: 07/24/2026)

Jul 24, 2026

Order

#17

Jul 27, 2026

REPLY and Request for Immediate Release by Yuri Barbosa Da Silva in. (Bloom, Sara) Modified docket text on 7/29/2026. (FGD) (Entered: 07/27/2026)

#18

Jul 28, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. By 4 p.m. tomorrow, July 29, 2026, Respondents shall file a further response addressing Petitioner’s argument that mandatory detention without the opportunity for a bond hearing is, under the circumstances of his case, unconstitutional. Doc. No. 17 at 3–7 (collecting cases); see also, e.g., Doe v. Moniz, 800 F. Supp. 3d 203, 214–17 (D. Mass. 2025), appeal dismissed, No. 25-2095, 2025 WL 4722778 (1st Cir. Nov. 25, 2025); Alcantara Guerrero v. Wesling, No. 1:26-cv-10928-JEK, 2026 WL 931503, at *3–5 (D. Mass. Apr. 6, 2026); Aucanzhala v. Moniz, No. 1:26-cv-13047-AK, 2026 WL 2069986, at *2–3 (D. Mass. July 17, 2026). Respondents need not address Petitioner’s contention that they waived or should be estopped from asserting 8 U.S.C. 1226(c)(1)(E) as a basis for his detention. Doc. No. 17 at 2–3.(FGD) (Entered: 07/28/2026)

Jul 28, 2026

Order

#19

Jul 29, 2026

NOTICE by Yuri Barbosa Da Silva re 17 Memorandum re Petition re Dismissal of Charges (Attachments: # 1 Exhibit Exh A Marin-Pina Order 7 21 2026)(Bloom, Sara) (Entered: 07/29/2026)

#20

Jul 29, 2026

RESPONSE TO COURT ORDER by Todd W. Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullin, David J. Venturella re 18 Order,,, . (Engingro, Vincent) (Entered: 07/29/2026)

#21

Jul 29, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. After reviewing the parties’ filings, the Court hereby ALLOWS the Petition as follows. Respondents are ORDERED to release Petitioner by today, July 29, 2026, at 8:00 p.m. This release is without prejudice to Respondents holding a bond hearing pursuant to 8 U.S.C. 1226 no later than August 6, 2026, before an immigration judge, so long as proper notice is first provided to Petitioner and his counsel. Respondents may impose reasonable conditions on Petitioner’s release. The Court renders this decision in light of the record before the Court, including Petitioner’s report (through his attorney, an officer of the court) that the charge that formed the basis of his mandatory detention under 8 U.S.C. 1226(c) was dismissed for lack of evidence this morning, Doc. No. 19, the strength of the merits of Petitioner’s contention that he cannot (with the underlying charge dismissed) lawfully be subject to mandatory detention, as well as his extraordinary personal circumstances. On the record before the Court, Respondents themselves brought Petitioner to the Framingham District Court today and, presumably, were present when his charge was dismissed. Respondents nevertheless contend that Petitioner is subject to mandatory detention despite this dismissal. Doc. No. 20 at 2 n.2. The plain language of the Laken Riley Act does not support Respondents’ interpretation. See Order, Marin-Pina v. Nessinger, No. 26-cv-00318-MRD (D.R.I. July 21, 2026), Dkt. No. 24 .In the event Respondents choose to pursue a bond hearing, they may not at the hearing argue that Petitioner is or should be detained pursuant to 8 U.S.C. 1225, nor may Petitioner be ordered detained pursuant to section 1225. The burdens of proof at the hearing are as resolved by the First Circuit in Hernandez-Lara, and in assessing whether the government has met its burden of proof as to flight or danger, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk(s). Respondents shall not retaliate against Petitioner, at a bond hearing or otherwise, for filing this Petition. Respondents shall file a status report no later than August 12, 2026, reporting the status of any further bond proceedings. (FGD) (Entered: 07/29/2026)

Jul 29, 2026

Order

#22

Aug 02, 2026

Emergency MOTION to Modify Court Order ECF 21 To Extend Time for Bond Hearing by Yuri Barbosa Da Silva.(Bloom, Sara) (Entered: 08/02/2026)

#23

Aug 03, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed Petitioner’s compelling emergency motion for extension, but it has not received the Respondents’ position or the current status of the hearing. The parties shall file a joint status report today, August 3, advising the Court on the status of Petitioner’s bond hearing including whether it was rescheduled as Petitioner requested. To provide the parties and Court with sufficient time to resolve this issue, the Court hereby modifies its prior order (Doc. No. 21 ) to permit the Respondents until August 10, 2026, to hold a bond hearing. The motion for further extension (Doc. No. 22) remains under advisement. (SED) (Entered: 08/03/2026)

#24

Aug 03, 2026

STATUS REPORT JOINT by Yuri Barbosa Da Silva. (Bloom, Sara) (Entered: 08/03/2026)

#25

Aug 03, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 22 Emergency MOTION to Modify Court Order ECF 21 To Extend Time for Bond Hearing.The parties report that Petitioner's bond hearing has been rescheduled to August 10, 2026. Doc. No. 24; see also Doc. No. 23. The Court hereby further modifies its prior order (Doc. No. 21) as follows: Respondents shall file a status report no later than August 14, 2026 (rather than August 12) reporting the status of the bond proceedings. In light of the developments described in the parties' joint status report, Petitioner's emergency motion for extension of time (Doc. No. 22) is TERMINATED AS MOOT. (SED) (Entered: 08/03/2026)

Aug 03, 2026

Order

Aug 03, 2026

Order on Motion for Modification

#26

Aug 13, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (SED) (Entered: 08/13/2026)

#27

Aug 13, 2026

STATUS REPORT by Todd W. Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/13/2026)

#28

Aug 20, 2026

MOTION to Enforce Judgment As to Bond Hearing by Yuri Barbosa Da Silva.(Bloom, Sara) (Entered: 08/20/2026)

#29

Aug 20, 2026

MEMORANDUM in Support re 28 MOTION to Enforce Judgment As to Bond Hearing filed by Yuri Barbosa Da Silva. (Attachments: # 1 Exhibit Bond Exh 1: Habeas Order, # 2 Exhibit Bond Exh 2: Govt Evidence, # 3 Exhibit Bond Exh. 3: Petitioner Memo, # 4 Exhibit Bond Exh 4: Petitioner Evidence, # 5 Exhibit Bond Exh. 5: Petitioner Evidence, # 6 Exhibit Exh. A: IJ Bond Decision, # 7 Exhibit Exh B: Chart of I-213 Inaccuracies)(Bloom, Sara) (Entered: 08/20/2026)

Aug 24, 2026

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

#31

Sep 03, 2026

Extension of Time to File Response/Reply

Sep 04, 2026

Order on Motion for Extension of Time to File Response/Reply

#33

Sep 09, 2026

Response to Motion