District of Massachusetts • 1:25-cv-13748

#1

Dec 08, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11404085 Fee status: Filing Fee paid., filed by Ailson Vieira Dos Santos. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Walsh, Christopher) (Entered: 12/08/2025)

#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. (JAM) (Entered: 12/08/2025)

#3

Dec 08, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 12/08/2025)

#4

Dec 08, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Antone Moniz, Michael Krol, United States Immigration and Customs Enforcement, United States Department of Homeland Security, Pamela Bondi and Executive Office for Immigration Review on 12/8/2025. (JAM) (Entered: 12/08/2025)

Dec 08, 2025

Copy Mailed

Dec 08, 2025

Notice of Case Assignment

#5

Dec 10, 2025

Notice of Appearance

#6

Dec 15, 2025

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

#7

Dec 16, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 6 Response to Petition for Writ of Habeas Corpus - 2241, filed by Kristi L. Noem, Todd M Lyons, Pamela Bondi, Michael Krol, United States Immigration and Customs Enforcement, Executive Office for Immigration Review, Patricia Hyde, United States Department of Homeland Security, Antone Moniz. Petitioner Ailson Viera Dos Santos, a Brazilian national, challenges his immigration detention and seeks immediate release or a bond hearing. Viera Dos Santos is currently held at the Plymouth County Correctional Facility The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Ailson Viera Dos Santos's detention, and that the due process clause provides Petitioner only those rights conferred by 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 petitioner Ailson Viera Dos Santos 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 seven days from the date of this Order (by 12/23/25). (MZ) (Entered: 12/16/2025)

#8

Dec 16, 2025

STATUS REPORT by Pamela Bondi, Executive Office for Immigration Review, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Kristi L. Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Sady, Michael) (Entered: 12/16/2025)

Dec 16, 2025

Order

#9

Dec 30, 2025

Status Report

#10

Dec 31, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Status Report, filed by Kristi L. Noem, Todd M Lyons, Pamela Bondi, Michael Krol, United States Immigration and Customs Enforcement, Executive Office for Immigration Review, Patricia Hyde, United States Department of Homeland Security, Antone Moniz. The government reports that on December 22, 2025, after hearing the immigration court set bond, which was paid on December 30, 2025, and Vieira Dos Santos was released from custody. Accordingly, the Clerk can dismiss and close this case.(MZ) (Entered: 12/31/2025)

Dec 31, 2025

Order

#11

Jan 02, 2026

Order Dismissing Case