District of Massachusetts • 1:25-cv-14006

#1

Dec 30, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11445722 Fee status: Filing Fee paid., filed by Marlon Santana Barbosa.(Silva, Jonatas) (Entered: 12/30/2025)

#2

Dec 30, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Paul G. Levenson. (JKK) (Entered: 12/30/2025)

#3

Dec 30, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 12/30/2025)

#4

Dec 30, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Timothy Baptiste and Michael Krol on 12/30/2025. (JAM) (Entered: 12/30/2025)

#5

Dec 30, 2025

AMENDED DOCUMENT by Marlon Santana Barbosa. . (Silva, Jonatas) (Entered: 12/30/2025)

Dec 30, 2025

Notice of Case Assignment

Dec 30, 2025

Copy Mailed

#6

Jan 06, 2026

Notice of Appearance

#7

Jan 06, 2026

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

#8

Jan 07, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Timothy Baptiste, Todd M Lyons, Patricia H. Hyde, Kristi L Noem, Michael Krol. Petitioner Marlon Barbosa Santana is a Brazilian national currently detained at the Plymouth County Correctional Facility in Plymouth, Massachusetts. In his petition, he reports that he resides in the Commonwealth of Massachusetts, is the stepchild of a United States citizen, the child and sibling of lawful permanent residents, and has no criminal convictions. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Barbosa Santanas detention, and that the due process clause provides petitioner only those rights conferred by statute. However, the court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Marlon Barbosa Santana before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than seven days from the date of this Order (by 1/14/26). (MZ) (Entered: 01/07/2026)

Jan 07, 2026

Order