District of Massachusetts • 1:26-cv-13728

#1

Aug 13, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11957553 Fee status: Filing Fee paid., filed by Cleisson Pereira-Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Castel, Ari) (Entered: 08/13/2026)

#2

Aug 13, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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. (MAC) (Entered: 08/13/2026)

#3

Aug 13, 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). (SP) (Entered: 08/13/2026)

#4

Aug 13, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than August 18, 2026.(SP) (Entered: 08/13/2026)

#5

Aug 13, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) mailed to All Respondents on 8/13/2026. (SP) (Entered: 08/13/2026)

Aug 13, 2026

Copy Mailed

Aug 13, 2026

Notice of Case Assignment

#6

Aug 17, 2026

Notice of Appearance

#7

Aug 17, 2026

MOTION for Extension of Time to August 25, 2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241) by U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security.(McMahon, Erica) (Entered: 08/17/2026)

#8

Aug 18, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. Respondents seek an extension of time to respond to the Petition by seven days. See Doc. No. 7 . Respondents contend that they are "working with other components of the agency to disclose evidence which may subject [Petitioner under] 8 U.S.C. § 1226(c)." This stated basis for an extension puts the matter in reverse order. The Government may not detain an individual first and only thereafter seek to obtain the evidence necessary to establish the legal basis for that detention. Accordingly, the Motion, Doc. No. 7, is DENIED. (SP) (Entered: 08/18/2026)

#9

Aug 18, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McMahon, Erica) (Entered: 08/18/2026)

Aug 18, 2026

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

#10

Aug 19, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Doc. No. 9, Respondents argue that Petitioner is subject to mandatory detention under either 8 U.S.C. § 1225(b)(1) or 8 U.S.C. § 1226(c)(1)(A). The Court disagrees. First, this Court has already held in Hilario Rodriguez v. Moniz, 25-cv-12358 (D. Mass. Sept. 18, 2025) that a noncitizen released on an Order of Recognizance then arrested while residing in the United States is not subject to detention under 1225(b)(2)(A). Second, as this Court already stated in Doc. No. 8, Respondents may not detain Petitioner under 1226(c) while they wait for evidence that may subject him to the statute. Given this, and in light of the record before me, the Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) by August 26, 2026. The Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Unless Petitioner was provided a bond hearing, Respondents shall release Petitioner by 6 PM on August 26, 2026. The Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge's decision on bond, stating whether Petitioner 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.(SP) (Entered: 08/19/2026)

Aug 19, 2026

Order