District of Massachusetts • 4:26-cv-40227

Siqueira v. Moniz

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Case Information

Filed: September 25, 2026
Assigned to: Patti B. Saris
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:1331 Fed. Question
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Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 25, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12062822 Fee status: Filing Fee paid., filed by Eduardo Rocha Siqueira. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Davis, Ethan) Modified docket text on 9/25/2026 (SB). (Entered: 09/25/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 25, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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 M. Page Kelley. (SB) (Entered: 09/25/2026)
#3
Sep 25, 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). (BEL) (Entered: 09/25/2026)
Main Document: General Order 19-02
#4
Sep 25, 2026
District Judge Patti B. Saris: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than September 30, 2026.(CGK) (Entered: 09/25/2026)
Main Document: Order
#5
Sep 25, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 09/25/2026)
Main Document: Notice of Appearance
Sep 25, 2026
Notice of Case Assignment
#6
Sep 30, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(McMahon, Erica) (Entered: 09/30/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Oct 01, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Eduardo Rocha Siqueira. Petitioner Eduardo Rocha Siqueira ("Petitioner"), an immigration detainee, has filed a habeas petition under 28 U.S.C. § 2241 to challenge the government's failure to provide him with a subsequent bond redetermination hearing based on changed circumstances. The government takes issue with Petitioner requesting this relief via habeas corpus but does not dispute that Petitioner is entitled to a subsequent bond redetermination hearing under 8 C.F.R. § 1003.19(e). Starting on August 18, 2026, Petitioner has attempted multiple times to request a hearing pursuant to § 1003.19(e), which simply requires that the request "be made in writing." These requests have repeatedly been denied for reasons that the government fails to adequately explain and that appear to be unreasonable. Although the immigration court may enforce procedural filing rules, the Court finds in this case that the government is in violation of federal law by not timely scheduling a subsequent bond redetermination hearing for Petitioner, which he has been repeatedly requesting for over a month. Cf. Belen Villanueva v. Warden, Mesa Verde Det. Ctr., No. 26-cv-03806, 2026 WL 2906576, at *5 (E.D. Cal. Sep. 28, 2026) (ordering the government to provide the petitioner with a hearing under § 1003.19(e)). Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS the government to provide Petitioner with a subsequent bond redetermination hearing before an immigration judge pursuant to 8 C.F.R. § 1003.19(e), in which the immigration judges shall consider whether there are materially changed circumstances and, if so, whether release on bond is warranted, within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received such a hearing and stating the outcome of the hearing.(BEL) (Entered: 10/01/2026)
#8
Oct 01, 2026
SET DEADLINES as to: STATUS REPORT due by 10/15/2026. (BEL) (Entered: 10/01/2026)
Oct 01, 2026
Order