District of Massachusetts • 1:26-cv-13867

De Freitas v. ICE/D.H.S Department Homeland Security

Active

Case Information

Filed: August 21, 2026
Assigned to: Indira Talwani
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 05, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 21, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Felipe Candido De Freitas. (Attachments: # 1 Attachment Index, # 2 Attachment 1, # 3 Attachment 2, # 4 Attachment 3, # 5 Attachment 4, # 6 Attachment 5, # 7 Attachment 6, # 8 Attachment 7, # 9 Attachment 8, # 10 Attachment 9, # 11 Attachment 10)(LBO) (Entered: 08/21/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 21, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Donald L. Cabell. (CAM) (Entered: 08/21/2026)
#3
Aug 21, 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). (SED) (Entered: 08/21/2026)
Main Document: General Order 19-02
#4
Aug 21, 2026
District Judge Leo T. Sorokin: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (jm) (Entered: 08/21/2026)
Main Document: PSSA Order 2 - 2241 no fee or IFP
#5
Aug 21, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 08/21/2026)
Main Document: Service Order-2241 Petition
#6
Aug 21, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondents and USAO on 8/21/2026. (CAM) (Entered: 08/21/2026)
Aug 21, 2026
Copy Mailed
Aug 21, 2026
Notice of Case Assignment
#7
Aug 24, 2026
Copy re 4 PSSA Order 2 and an IFP form (AO 240) mailed to Felipe Candido De Freitas on 8/24/2026. (FGD) (Entered: 08/24/2026)
Aug 24, 2026
Copy Mailed
#8
Aug 25, 2026
NOTICE of Appearance by Erica McMahon on behalf of ICE/D.H.S Department Homeland Security (McMahon, Erica) (Entered: 08/25/2026)
Main Document: Notice of Appearance
#9
Aug 26, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by ICE/D.H.S Department Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McMahon, Erica) (Entered: 08/26/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Aug 27, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. After conferring with Judge Talwani and with her consent, this case is TRANSFERRED to Judge Talwani as it is related to a prior habeas petition filed earlier this year by the same petitioner (No. 26-cv-10966-IT). See Local Rule 40.1(g), (j). (FGD) (Entered: 08/27/2026)
#11
Aug 27, 2026
Copy re 10 Order Reassigning Case, mailed to Felipe Candido De Freitas on 8/27/2026. (FGD) (Entered: 08/27/2026)
#12
Aug 27, 2026
NOTICE of Reassignment. Judge Indira Talwani added. District Judge Leo T. Sorokin no longer assigned to case. (JKK) (Entered: 08/27/2026)
Aug 27, 2026
Notice of Reassignment
Aug 27, 2026
Copy Mailed
Aug 27, 2026
Order Reassigning Case
#13
Aug 28, 2026
MOTION for Leave to Proceed in forma pauperis by Felipe Candido De Freitas.(FGD) (Entered: 08/28/2026)
Main Document: Proceed In Forma Pauperis
#14
Aug 28, 2026
Judge Indira Talwani: ELECTRONIC ORDER entered granting 13 Motion for Leave to Proceed in forma pauperis (jm) (Entered: 08/28/2026)
Aug 28, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
#15
Aug 31, 2026
Copy re 14 Electronic Order Mailed to Felipe Candido De Freitas on August 31, 2026. (MAP) (Entered: 08/31/2026)
Aug 31, 2026
Copy Mailed
#16
Sep 10, 2026
Motion - Arguments Against Respondents' Opposition for Writ of Habeas Corpus by Felipe Candido De Freitas. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(MAP) (Entered: 09/10/2026)
Main Document: Response - not related to a motion
#17
Sep 10, 2026
Judge Indira Talwani: ELECTRONIC ORDER: Petitioner challenges his prolonged detention under the Due Process Clause [ 1 ]. Petitioner’s detention unquestionably constitutes a “significant deprivation of liberty.” Hernandez-Lara v. Lyons, 10 F.4th 19, 27 (1st Cir. 2021) (internal quotation marks omitted). However, here Petitioner focuses on the duration of his detention, and does not identify any reason to expect that the outcome of a third bond hearing might be different than that of the first and second one. As Petitioner acknowledges, he already requested a second bond hearing based on the changed circumstances he alleges now [ 16 ], and the Immigration Judge did not find that Petitioner established changed circumstances. See [Doc. No. 9-1]. Moreover, Petitioner’s appeal of the Immigration Judge’s order of removal is currently pending before the Board of Immigration Appeals. [Doc. No. 9-3]. Based on the record, the court does not find that Petitioner’s detention without an additional bond hearing violates his due process rights at this stage. See Mathews v. Eldridge, 424 U.S. 319, 343 (1976) (considering the “probable value, if any, of additional procedural safeguards”). If Petitioner identifies new evidence or a relevant change in circumstances that warrants another bond hearing, he can seek a bond redetermination under the appropriate regulations. See Lemus Tejada v. Moniz, 26-12619, Doc. No. 16 (D. Mass. July 6, 2026) (citing 8 C.F.R. § 1003.19(e)). (MAP) (Entered: 09/10/2026)
#18
Sep 10, 2026
Copy re 17 Electronic Order mailed to Felipe Candido De Freitas on September 10, 2026. (MAP) (Entered: 09/10/2026)
Sep 10, 2026
Copy Mailed
Sep 10, 2026
Order
#20
Sep 23, 2026
Order Dismissing Case
Main Document: Order Dismissing Case
Sep 23, 2026
Order
#21
Oct 05, 2026
Reconsideration AND Reopen Case
Main Document: Reconsideration AND Reopen Case

Parties

De Freitas
Party
ICE/D.H.S Department Homeland Security
Party