District of Massachusetts • 1:26-cv-14654

#1

Oct 14, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12110253 Fee status: Filing Fee paid., filed by Thaislaine Oliveira Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet )(Kohistani, Soroche) Modified to remove duplicate text on 10/14/2026 (CAM). (Entered: 10/14/2026)

#2

Oct 14, 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. (LBO) (Entered: 10/14/2026)

#3

Oct 14, 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: 10/14/2026)

#4

Oct 14, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 10/14/2026)

#5

Oct 14, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 10/14/2026)

#6

Oct 14, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Olivia Benjamin, Rayford Farquhar, and USAMA Civil Process on 10/14/2026 at 5:01 pm and mailed to all respondents (CEH) (Entered: 10/14/2026)

Oct 14, 2026

Notice of Case Assignment

Oct 14, 2026

Copy Mailed

#7

Oct 15, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Jeffrey Grimming, Antone Moniz, Markwayne Mullin, David Wesling (McMahon, Erica) (Entered: 10/15/2026)

#8

Oct 19, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Jeffrey Grimming, Antone Moniz, Markwayne Mullin, David Wesling. (McMahon, Erica) (Entered: 10/19/2026)

#9

Oct 19, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Thaislaine Oliveira Silva’s Petition for Writ of Habeas Corpus. [Dkt. 1]. On October 19, 2026, Respondents filed their response to the Petition, in which they acknowledge that Petitioner is eligible for a bond hearing conducted pursuant to 8 U.S.C. § 1226(a) under the binding decision in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042 (1st Cir. Aug. 13, 2026). [Dkt. 8 at 2]. In Guerrero Orellana v. Moniz, the First Circuit held that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Guerrero Orellana. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. She has not received such a hearing, so her detention is unlawful.Respondents nonetheless ask the Court to deny the Petition because Petitioner has not requested a bond hearing before the Executive Office for Immigration Review. [Dkt. 8 at 2]. As the Court has previously found, exhaustion is not required. See, e.g., De Pina v. Moniz, No. 26-CV-12262-AK, 2026 WL 2593316, at *2 (D. Mass. Sept. 2, 2026). Respondents concede that Petitioner is entitled to a bond hearing, and requiring her to first initiate a separate request would only prolong detention that the Court has found unlawful.Accordingly, the Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within ten (10) calendar days of this Order subject to any requests for continuance by Petitioner. Respondents are ENJOINED from denying Petitioner bond on the ground that he is detained under 8 U.S.C. § 1225(b)(2)(A). Within fourteen (14) calendar days of this Order, Respondents shall file a status report stating whether Petitioner has been granted bond and, if bond was denied, the reasons for that denial.(CEH) (Entered: 10/19/2026)

Oct 19, 2026

Order

#10

Oct 20, 2026

NOTICE by Todd Blanche, Jeffrey Grimming, Antone Moniz, Markwayne Mullin, David Wesling re 5 Service Order - 2241 Petition Notice of Intent to Transfer Petitioner and Request for Immediate Transfer (McMahon, Erica) (Entered: 10/20/2026)

#11

Oct 20, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On October 20, 2026, Respondents submitted a Notice of Intent to Transfer Petitioner and Request for Immediate Transfer [Dkt. 10], which indicated that Respondents intend to transfer Petitioner to New Hampshire because there is no available bedspace for Petitioner and due to their operational needs. On or before October 21, 2026, Petitioner is ORDERED to submit a response to Respondent's Notice. (CEH) (Entered: 10/20/2026)

#12

Oct 20, 2026

NOTICE by Thaislaine Oliveira Silva Response to Respondents' Notice of Intent to Transfer (Kohistani, Soroche) (Entered: 10/20/2026)

Oct 20, 2026

Order