District of Massachusetts • 1:25-cv-14012

#1

Dec 30, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11446516 Fee status: Filing Fee paid., filed by Jeovana Rodrigues De Moura Silva. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Anderson, Elizabeth) (Entered: 12/30/2025)

#2

Dec 31, 2025

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 Donald L. Cabell. (CM) (Entered: 12/31/2025)

#3

Dec 31, 2025

General Order 19-02

#4

Dec 31, 2025

Service Order-2241 Petition

#5

Dec 31, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241), 4 Order Concerning Service of Petition and Stay of Transfer or Removal, mailed to Patricia H. Hyde; Pamela Bondi; Kristi L. Noem; Todd M Lyons on 12/31/2025. (EZG) (Entered: 12/31/2025)

Dec 31, 2025

Notice of Case Assignment

Dec 31, 2025

Copy Mailed

#6

Jan 02, 2026

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

#7

Jan 02, 2026

Notice - Other

#8

Jan 02, 2026

Notice of Appearance

#9

Jan 04, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The petitioner shall notify the Court and the respondents, by 12:00 p.m. on January 5, 2026, whether she has any objection to the transfer to the Processing Center (LPC)—CoreCivic in Laredo, Texas, see ECF 7, and, if so, the basis for her objection. Such notice shall be filed on the docket. The Court will retain jurisdiction over the petitioner and her habeas petition in the event of a transfer. (Currie, Haley) (Entered: 01/04/2026)

#10

Jan 04, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jeovana Rodrigues De Moura Silva, a citizen of Brazil who entered the United States in 2021, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 30, 2025 seeking her immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1 & p. 15. She was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") on December 30, 2025. Id. ¶¶ 1, 7. Rodrigues De Moura Silva remains in ICE's custody in Massachusetts. Id. ¶ 7. The respondents argue that Rodrigues De Moura Silva is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "this case is materially like" dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025) and Soares da Silva v. Bondi, No. 25-cv-12483-JEK (D. Mass. 2025). ECF 6, at 4. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)(1) or (b)(2)—governed the petitioner's detention. See dos Santos, 2025 WL 2370988, at *7-8 & n.11; ECF 23, Soares da Silva, No. 25-cv-12483-JEK. The respondents contend that "[s]hould the Court apply the reasoning of" dos Santos and Soares da Silva, "it would reach the same result here." ECF 6, at 4-5. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Rodrigues De Moura Silva's detention.Noncitizens like Rodrigues De Moura Silva "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." dos Santos, 2025 WL 2370988, at *1. 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).For the foregoing reasons, Rodrigues De Moura Silva's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide her with a bond hearing pursuant to 8 U.S.C. § 1226(a) no later than January 9, 2026. The respondents are further ORDERED to file a status report on or before January 12, 2026, notifying the Court whether Rodrigues De Moura Silva has been granted bond and released or, if her request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/04/2026)

Jan 04, 2026

Order

#11

Jan 05, 2026

NOTICE by Jeovana Rodrigues De Moura Silva Petitioner's Objection to Respondents' Notice of Intent to Transfer (Anderson, Elizabeth) (Entered: 01/05/2026)

#12

Jan 05, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In order to effectuate this Court's order requiring that the petitioner have a bond hearing by January 9, 2026 in accordance with 8 U.S.C. § 1226(a), ECF 10, the respondents are ORDERED not to move the petitioner out of the District of Massachusetts unless and until bond is denied at that hearing and the respondents have notified the Court of that fact. (Currie, Haley) (Entered: 01/05/2026)

#13

Jan 05, 2026

Status Report

Jan 05, 2026

Order

#14

Jan 09, 2026

Status Report

#15

Jan 09, 2026

Judgment