District of Massachusetts • 1:25-cv-13811

#1

Dec 11, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11414163 Fee status: Filing Fee paid., filed by Keyterson Da Silva Cunha. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 12/11/2025)

#2

Dec 11, 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 Jennifer C. Boal. (SP) (Entered: 12/11/2025)

#3

Dec 11, 2025

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: 12/11/2025)

#4

Dec 11, 2025

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 December 18, 2025. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 12/11/2025)

#5

Dec 11, 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 David Wesling, Antone Moniz, Todd Lyons, Department of Homeland Security, Kristi Noem and Pamela Bondi on 12/11/2025. (Currie, Haley) (Entered: 12/11/2025)

Dec 11, 2025

Notice of Case Assignment

Dec 11, 2025

Copy Mailed

#6

Dec 16, 2025

Notice of Appearance

#7

Dec 17, 2025

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

#8

Dec 19, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Keyterson Da Silva Cunha, a citizen of Brazil who entered the United States in 2016, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 11, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 3, 13. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on December 11, 2025. Id. ¶ 1. Da Silva Cunha remains in ICE’s custody in Massachusetts. Id. ¶¶ 5-6.The respondents argue that Da Silva Cunha is lawfully detained as an applicant for admission under 8 U.S.C. §§ 1225(b)(1) or 1225(b)(2). They acknowledge, however, that “this case is materially like” dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025) and Soares da Silva v. Bondi, No. 25-cv-12483-JEK (D. Mass. 2025). ECF 7, at 3. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)(1) or (b)(2)—governed the petitioner’s detention. See dos Santos, 2025 WL 2370988, at *7-8 & n.11; ECF 23, Soares da Silva, No. 25-cv-12483-JEK. The respondents contend that “[s]hould the Court apply the reasoning of” dos Santos and Soares da Silva, “it would reach the same result here.” ECF 7, at 3. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Da Silva Cunha’s detention.Noncitizens like Da Silva Cunha “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.” dos Santos, 2025 WL 2370988, 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, Da Silva Cunha’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 29, 2025, notifying the Court whether Da Silva Cunha has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/19/2025)

Dec 19, 2025

Order

#9

Dec 22, 2025

Status Report

#10

Jan 05, 2026

Status Report

#11

Jan 06, 2026

Judgment