District of Massachusetts • 1:26-cv-14127

#1

Sep 08, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12016813 Fee status: Filing Fee paid., filed by Domingos Kondo Dos Santos. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Qirici, Enxhi) (Entered: 09/08/2026)

#2

Sep 09, 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 Jennifer C. Boal. (LBO) (Entered: 09/09/2026)

#3

Sep 09, 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: 09/09/2026)

#4

Sep 09, 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 September 16, 2026. (Currie, Haley) (Entered: 09/09/2026)

#5

Sep 09, 2026

Copies of the following were mailed to all respondents on 9/9/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 09/09/2026)

Sep 09, 2026

Notice of Case Assignment

Sep 09, 2026

Copy Mailed

#6

Sep 16, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Michael Krol, Todd M Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling (Engingro, Vincent) (Entered: 09/16/2026)

#7

Sep 16, 2026

MOTION to Stay re 1 Petition for Writ of Habeas Corpus (2241) (Abeyance) by Todd Blanche, Michael Krol, Todd M Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling.(Engingro, Vincent) (Entered: 09/16/2026)

#8

Sep 16, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents' Motion to Stay the Petition for Writ of Habeas Corpus, ECF 7, is GRANTED. The respondents shall file a status report stating the outcome of the bond hearing within 24 hours of issuance of a decision by the immigration judge. (Currie, Haley) (Entered: 09/16/2026)

Sep 16, 2026

Order on Motion to Stay

#9

Sep 29, 2026

STATUS REPORT by Domingos Kondo Dos Santos. (Qirici, Enxhi) (Entered: 09/29/2026)

#10

Oct 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Domingos Kondo Dos Santos, a citizen of Angola who entered the United States in December 2024, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 8, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 3, 46-47 & pp. 11-12. He was arrested and detained by the U.S. Immigration and Customs Enforcement on August 31, 2026. Id. ¶ 2. Dos Santos remains in ICE’s custody in Plymouth, Massachusetts. Id. ¶ 5.Upon receipt of Dos Santos’ petition, this Court ordered a response from the respondents on or before September 16, 2026. ECF 4. In their response, the respondents represented that Dos Santos is entitled to a bond hearing under 8 U.S.C. § 1226(a) and that he had such a hearing scheduled for September 28, 2026. ECF 7 . Based on that representation, the Court granted the respondents’ request to hold the petition in abeyance pending the decision of the Immigration Judge on bond. ECF 8 . The Court also ordered the respondents to file a status report stating the outcome of the bond hearing. Id.On September 29, 2026, the petitioner filed his own status report. ECF 9 . In it, he represented that his September 28, 2026 bond hearing had been cancelled and has not been rescheduled, despite his attorney’s efforts. Id. The respondents have not responded to that status report or explained why they failed to notify the Court of the cancellation of Dos Santos’ September 28, 2026 bond hearing. With each day that passes, Dos Santos is further deprived of his liberty.Accordingly, the Court hereby VACATES its order holding this case in abeyance, ECF 8 . As all agree, noncitizens like Dos Santos “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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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).Dos Santos’ 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 5 days of this Order. The respondents are further ORDERED to file a status report on or before October 8, 2026, notifying the Court whether Dos Santos has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. The respondents are further ORDERED to explain in the status report why Dos Santos’ bond hearing was cancelled without explanation, and why they did not alert the Court to that fact, given their representation in their September 16, 2026 motion to stay. (Currie, Haley) (Entered: 10/02/2026)

Oct 02, 2026

Order

#11

Oct 08, 2026

Status Report

#12

Oct 09, 2026

Status Report

#13

Oct 09, 2026

Judgment