District of Massachusetts • 1:26-cv-13639

#1

Aug 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11946341 Fee status: Filing Fee paid., filed by Elyezer Dias De Souza. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Silva, Jonatas) Modified on 8/10/2026 Removing Duplicate Text (NMC). (Entered: 08/09/2026)

#2

Aug 10, 2026

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 Paul G. Levenson. (SP) (Entered: 08/10/2026)

#3

Aug 10, 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). (Currie, Haley) (Entered: 08/10/2026)

#4

Aug 10, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than August 17, 2026. (Currie, Haley) (Entered: 08/10/2026)

#5

Aug 10, 2026

Copies of the following were mailed to all respondents on 8/10/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/10/2026)

Aug 10, 2026

Copy Mailed

Aug 10, 2026

Notice of Case Assignment

#6

Aug 13, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Markwayne Mullin. (Tolkoff, Benjamin) (Entered: 08/13/2026)

#7

Aug 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Elyezer Dias De Souza, a citizen of Brazil who entered the United States approximately five years ago, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 9, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-3, 9. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on August 8, 2026. Id. ¶ 2. De Souza remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 9.The respondents argue that 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 addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 6, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 6, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs De Souza’s detention.Noncitizens like 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, 799 F. Supp. 3d at 19-20. 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, 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 within 24 hours of the Immigration Judge’s decision on bond, stating whether De Souza has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 08/13/2026)

#8

Aug 13, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Timothy Baptiste, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Markwayne Mullin (Tolkoff, Benjamin) (Entered: 08/13/2026)

Aug 13, 2026

Order

#9

Aug 25, 2026

Status Report