District of Massachusetts • 1:26-cv-13926

Ribeiro Da Silva v. Wesling

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Case Information

Filed: August 26, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 31, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11986810 Fee status: Filing Fee paid., filed by Marcone Ribeiro Da Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 - Notice to Appear, # 4 Exhibit 2 - I220A Release on Recognizance)(Cerretani, Gabriela) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 26, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (MAC) (Entered: 08/26/2026)
#3
Aug 26, 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). (CEH) (Entered: 08/26/2026)
Main Document: General Order 19-02
#4
Aug 26, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 08/26/2026)
Main Document: Order
#5
Aug 26, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 08/26/2026)
Main Document: Service Order-2241 Petition
#6
Aug 26, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Lindsey Ross, Rayford Farquhar, and USAMA Civil Process on 8/26/2026 at 5:13 pm and mailed to all respondents. (CEH) (Entered: 08/26/2026)
Aug 26, 2026
Copy Mailed
Aug 26, 2026
Notice of Case Assignment
#7
Aug 31, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (Engingro, Vincent) (Entered: 08/31/2026)
Main Document: Notice of Appearance
#8
Aug 31, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 08/31/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 31, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Marcone Ribeiro Da Silva’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. In response, Respondents "submit that the legal issues presented in the Petition are similar to those recently addressed by the First Circuit in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026)" and acknowledge that Petitioner is eligible for a bond hearing under 8 U.S.C. § 1226. [Dkt. 8]. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order, unless Petitioner requests an extension. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 08/31/2026)
Aug 31, 2026
Order