District of Massachusetts • 1:25-cv-13723

#1

Dec 05, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11401564 Fee status: Filing Fee paid., filed by Elivanio Neto Da Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Form I-862 Notice to Appear)(McHugh, Samantha) (Entered: 12/05/2025)

#2

Dec 08, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Jessica D. Hedges. (CM) (Entered: 12/08/2025)

#3

Dec 08, 2025

Order

#4

Dec 08, 2025

Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Michael Krol, and David Wesling on 12/8/2025. (JAM) (Entered: 12/08/2025)

Dec 08, 2025

Notice of Case Assignment

Dec 08, 2025

Copy Mailed

#5

Dec 10, 2025

Notice of Appearance

#6

Dec 11, 2025

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

#7

Dec 12, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by David Wesling, Kristi Noem, Todd Lyons, Michael Krol.Petitioner Elivanio Neto Da Silva, a national of Brazil, was residing in Massachusetts with his wife and children when he was arrested by U.S. Immigration and Customs Enforcement (ICE) and/or other federal agents acting on ICEs behalf on December 5, 2025. Neto Da Silva challenges his immigration detention and seeks immediate release or a bond hearing. The government maintains its position that Petitioner's detention is governed by 8 U.S.C. § 1225(b)(2)(A) which authorizes Petitioner's detention, and the due process clause provides Petitioner only those rights conferred by that statute. However, the court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for Elivanio Neto Da Silva before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than ten days from the date of this Order (by December 22, 2025). (MZ) (Entered: 12/12/2025)

Dec 12, 2025

Order

#8

Dec 30, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Order for Bond hearing. The court is informed by the government that the Immigration Judge ordered bond, Petitioner posted the bond, and was released from ICE custody. Accordingly, the Clerk will dismiss and close this case. (MZ) (Entered: 12/30/2025)

#9

Dec 30, 2025

Order Dismissing Case

Dec 30, 2025

Order