District of Massachusetts • 1:25-cv-13724

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Dec 05, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11401582 Fee status: Filing Fee paid., filed by Alessandro Pereira De Souza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Form I-862 Notice to Appear, # 4 Exhibit Check-In Letter)(McHugh, Samantha) (Entered: 12/05/2025)

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Dec 08, 2025

ELECTRONIC NOTICE of Case Assignment. 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 M. Page Kelley. (CM) (Entered: 12/08/2025)

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Dec 08, 2025

General Order 19-02

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Dec 08, 2025

Service Order-2241 Petition

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Dec 08, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Michael Krol, David Wesling, Kristi Noem and Todd Lyons on 12/8/2025. (Currie, Haley) (Entered: 12/08/2025)

Dec 08, 2025

Notice of Case Assignment

Dec 08, 2025

Copy Mailed

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Dec 10, 2025

Notice of Appearance

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Dec 12, 2025

Response - not related to a motion

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Dec 12, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Alessandro Pereira De Souza, a citizen of Brazil and resident of Massachusetts, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 5, 2025 challenging his ongoing detention. ECF 1, ¶¶ 1, 3, 9. Upon entering the United States in 2021, Pereira De Souza was released on an Order of Recognizance and issued a Notice to Appear. Id. ¶¶ 1, 2; ECF 1-3; ECF 1-4. Since then, he has resided in Massachusetts. ECF 1, ¶ 3. On December 5, 2025, he was arrested and detained by federal immigration officials after arriving at work. Id. ¶ 4. Pereira De Souza remains in federal custody in the District of Massachusetts. Id. ¶ 15.The respondents argue that Pereira De Souza is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. See Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Pereira De Souza’s detention.Noncitizens like Pereira De Souza “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, 2025 WL 2607924, at *1. 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).For the foregoing reasons, Pereira De Souza’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 December 23, 2025, notifying the Court whether Pereira De Souza has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/12/2025)

Dec 12, 2025

Order

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Dec 22, 2025

Status Report

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Dec 22, 2025

Judgment