District of Massachusetts • 1:26-cv-14822

#1

Oct 26, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12137525 Fee status: Filing Fee paid., filed by Anderson Nery Freitas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 10/26/2026)

#2

Oct 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 M. Page Kelley. (EZG) (Entered: 10/26/2026)

#3

Oct 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: 10/26/2026)

#4

Oct 26, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 10/26/2026)

#5

Oct 26, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 10/26/2026)

#6

Oct 26, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to AUSA Benjamin Tolkoff, Rayford Farquhar, and USAMA Civil Process on 10/26/2026 at 1:53 pm and mailed to all respondents (CEH) (Entered: 10/26/2026)

Oct 26, 2026

Notice of Case Assignment

Oct 26, 2026

Copy Mailed

#7

Oct 27, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (Sauter, Mark) (Entered: 10/27/2026)

#8

Oct 29, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#9

Nov 02, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Anderson Nery Freitas’s Petition for Writ of Habeas Corpus. [Dkt. 1]. On October 29, 2026, Respondents filed a Response to the Petition acknowledging 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 3]. In Guerrero Orellana, 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. He has not received such a hearing, so his 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 3]. 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. Sep. 2, 2026). Respondents concede that Petitioner is entitled to a bond hearing, and requiring him 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), that comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding Immigration Judge considers alternatives to detention, 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: 11/02/2026)

Nov 02, 2026

Order