District of Massachusetts • 1:25-cv-11640

#1

Jun 05, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11051763 Fee status: Filing Fee paid., filed by Joao Victor Brum Borges. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ritenour, Amelia) (Entered: 06/05/2025)

#2

Jun 05, 2025

Judge Richard G. Stearns: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 06/05/2025)

#3

Jun 06, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (JKK) (Entered: 06/06/2025)

#4

Jun 06, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (JKK) (Entered: 06/06/2025)

#5

Jun 06, 2025

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER REMOVAL(SEC) (Additional attachment(s) added on 6/6/2025: # 1 *Sealed* Appendix) (SEC). (Entered: 06/06/2025)

#6

Jun 06, 2025

Notice of Appearance

#7

Jun 06, 2025

Extension of Time to File Response/Reply

Jun 06, 2025

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

Jun 06, 2025

Notice of Case Assignment

#9

Jun 11, 2025

Extension of Time to File Response/Reply

Jun 11, 2025

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

#11

Jun 16, 2025

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

Jun 17, 2025

Order

#13

Jun 23, 2025

Response - not related to a motion

#14

Jun 23, 2025

Exhibit

#15

Jun 27, 2025

Judge Indira Talwani: ELECTRONIC ORDER: Petitioner alleges that he is a Brazilian national in removal proceedings, is the spouse of a United States citizen, and is the beneficiary of an I-130 Petition for Alien Relative. Pet. ¶¶ 1, 6, 13 1 . Petitioner asserts that he was detained outside of his home in Tewksbury, MA, on June 4, 2025, and is currently detained in the District of Massachusetts. Id. ¶¶ 1, 5. Petitioner claims that his detention is in violation of the Fifth Amendment right to Due Process. Id. ¶ 16. He asks this court to issue a writ of habeas corpus ordering his release.Respondents acknowledge that Petitioner is a Brazilian national, that on May 28, 2025, Petitioner's U.S. citizen-spouse filed a Form I-130, Petition for Alien Relative, on Petitioner's behalf with U.S. Citizenship and Immigration Services ("USCIS"), and that the application remains pending. See Response 1-2 11 ; Chan Decl. ¶¶ 7, 13 [11-1]. Respondents also confirm that ICE detained Petitioner on June 4, 2025, that Petitioner remains in the District of Massachusetts, and that Petitioner's removal proceedings are pending before the immigration court. See Response 2 11 ; Chan Decl. ¶¶ 5, 14-16 [11-1]. Respondents contend that Petitioner is subject to mandatory detention. See Response 5 11 .Respondents contend further that U.S. Customs and Border Protection ("CBP") first encountered Petitioner on or about June 5, 2021. See Response 1 11 ; Chan Decl. ¶ 8 [11-1]. Respondents report that Petitioner was not in possession of any valid entry document and that CBP detained Petitioner at that time. See Response 1 11 ; Chan Decl. ¶ 8 [11-1]. Respondents contend further that Petitioner's father (who was encountered together with Petitioner) claimed that he and Petitioner feared persecution or torture if they returned to Brazil. See Response 1 11 ; Chan Decl. ¶¶ 8-9 [11-1]. Respondents contend further that CBP issued Petitioner a Notice to Appear, which was filed with the immigration court on July 9, 2021, and that Petitioner was released on an Order of Release on Recognizance ("OREC"). See Response 1 11 ; Chan Decl. ¶ 10 [11-1]. Petitioner objects to the Respondents' evidence but does not dispute or contradict the facts relating to his initial detention by ICE in June 2021 or that he was issued an OREC at that time. Petitioner contends, however, that the OREC under which he was released provides that "[i]n accordance with section 236 of the Immigration and Nationality Act and the applicable provisions of Title 8 of the Code of Federal Regulations, [Petitioner] is being released" on certain conditions. Petitioner's Reply 13 (emphasis added) (quoting OREC 14 ) (internal quotation marks omitted). The OREC form submitted by Petitioner includes a space allowing an ICE Official to "cancel this order of release because: [t]he alien failed to comply with the conditions of release [and/or] [t]he alien was taken into custody for removal." OREC 1 14 . On the copy of the OREC filed by Petitioner, that space is blank.In light of the OREC form produced by Petitioner, no later than July 2, 2025, at 2 p.m., Respondents shall advise the court whether they dispute that ICE originally processed Petitioner under 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225, and if so, on what grounds. Respondents shall also promptly advise the court whether Petitioner's OREC has been cancelled and shall provide a copy of the OREC in ICE's Official Records for Petitioner. (SEC) (Entered: 06/27/2025)

Jun 27, 2025

Order

#16

Jul 02, 2025

Response to Court Order

#17

Jul 02, 2025

Order To Show Cause