District of Massachusetts • 1:25-cv-11981

#1

Jul 11, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11117234 Fee status: Filing Fee paid., filed by Elizaldo Sampiao. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ritenour, Amelia) (Entered: 07/11/2025)

#2

Jul 11, 2025

APPENDIX/EXHIBIT re 1 Petition for Writ of Habeas Corpus (2241) FORM I-200 WARRANT FOR ARREST OF ALIEN by Elizaldo Sampiao. (Ritenour, Amelia) (Entered: 07/11/2025)

#3

Jul 11, 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 Jennifer C. Boal. (SP) (Entered: 07/11/2025)

#4

Jul 11, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (MBM) (Entered: 07/11/2025)

#5

Jul 11, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than July 18, 2025. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 07/11/2025)

#6

Jul 11, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 2 Appendix/Exhibit, 5 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Michael Krol, Todd M. Lyons and Kristi Noem. (Currie, Haley) (Entered: 07/11/2025)

Jul 11, 2025

Notice of Case Assignment

Jul 11, 2025

Copy Mailed

#7

Jul 18, 2025

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

#8

Jul 21, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner may file a reply brief in support of the petition on or before July 24, 2025. A hearing on the petition shall be held on July 28, 2025 at 3:00pm in Courtroom 3. (Currie, Haley) (Entered: 07/21/2025)

#9

Jul 21, 2025

ELECTRONIC NOTICE of Hearing - Hearing re Petition 1 set for 7/28/2025 03:00 PM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 07/21/2025)

Jul 21, 2025

Order

Jul 21, 2025

Notice of Hearing

#10

Jul 22, 2025

Continue

#11

Jul 22, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 10 Assented to MOTION to Continue Hearing to August 5, 2025NOTICE OF RESCHEDULING: Hearing re Petition 1 set for 8/5/2025 11:00 AM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 07/22/2025)

Jul 22, 2025

Order on Motion to Continue

#12

Jul 24, 2025

Extension of Time to File Response/Reply

#13

Jul 24, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 12 Assented to MOTION for Extension of Time to July 31, 2025 to File Response/Reply as to 7 Response to Petition for Writ of Habeas Corpus - 2241 Replies due by 7/31/2025. (Currie, Haley) (Entered: 07/24/2025)

Jul 24, 2025

Order on Motion for Extension of Time to File Response/Reply

#14

Aug 01, 2025

Response - not related to a motion

#15

Aug 01, 2025

Extension of Time to File Response/Reply

#16

Aug 04, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 15 Assented to MOTION for Extension of Time to 8/1/2025 to File Response/Reply as to 14 Response (Currie, Haley) (Entered: 08/04/2025)

Aug 04, 2025

Order on Motion for Extension of Time to File Response/Reply

#17

Aug 05, 2025

Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Hearing re Petition 1 held on 8/5/2025.Case called. The Court notes it doesn't normally schedule hearings at the same time for separate matters, but these cases raise similar issues. The Court hears arguments on the petition in the Dos Santos matter [25-cv-12052-JEK]. The Court then hears arguments on the petition in the Sampiao matter [25-cv-11981-JEK]. The Court asks the parties in the Sampiao matter to inform the Court, by August 15, 2025, if the government has filed a notice of appeal to the BAA. The Court further asks the government to file on the docket, by August 7, 2025, for both cases the following documents: (1) the immigration decision denying bond on July 8th [Dos Santos], (2) the recent arrest warrants and (3) the notice of custody determinations. The Court takes both matters under advisement. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.)(Attorneys present: Amelia Lynn Ritenour and Christopher J. Levery for the Petitioners. Julian N. Canzoneri for the Respondents.) (Currie, Haley) (Entered: 08/05/2025)

Aug 05, 2025

Hearing - Other

#18

Aug 07, 2025

Response to Court Order

#19

Aug 15, 2025

Response - not related to a motion

#20

Aug 15, 2025

Response to Court Order

#21

Aug 18, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The Court has reviewed the parties' conflicting statements regarding whether the Department of Homeland Security ("DHS") has filed a notice of appeal of the Immigration Judge's July 31, 2025 releasing petitioner Elizaldo Sampiao on bond. See ECF 19, 20 . The parties are ORDERED to confer on their conflicting submissions regarding whether DHS filed a notice of appeal that comports with the requirements of 8 C.F.R. § 1003.6(c)(1). If DHS did file a notice of appeal to the Board of Immigration Appeals ("BIA") on August 14, 2025, the parties are ORDERED to file further supplemental briefs on how that development affects the pending habeas petition. Among other things, those briefs should address (1) whether the respondents take the position that the automatic stay pursuant to 8 C.F.R. §§ 1003.19(i)(2) and 1003.6(c)(1)-(4) will remain in effect for 90 days from August 14, 2025, pending BIA review; (2) if so, whether the respondents will nevertheless in their discretion release Sampiao on bond, as set by the Immigration Judge, pending BIA review; and (3) if not, how the automatic stay provisions in 8 C.F.R. §§ 1003.19(i)(2) and 1003.6(c)(1)-(4) affect Sampiao's challenge to his detention through his habeas petition. If DHS did not file a notice of appeal to the BIA on August 14, 2025, the parties are ORDERED to file further supplemental briefs on whether Sampiao has been released on bond. The parties' supplemental briefs shall be no more than 12 pages in length and shall filed on or before August 25, 2025. (Currie, Haley) (Entered: 08/18/2025)

Aug 18, 2025

Order

#22

Aug 25, 2025

RESPONSE TO COURT ORDER by Patricia Hyde, Michael Krol, Todd M Lyons, Kristi Noem re 21 Order,,,,,, . (Canzoneri, Julian) (Entered: 08/25/2025)

#23

Aug 25, 2025

NOTICE of Appearance by Julian N. Canzoneri on behalf of Patricia Hyde, Michael Krol, Todd M Lyons, Kristi Noem (Canzoneri, Julian) (Entered: 08/25/2025)

#24

Aug 25, 2025

Response to Court Order

Aug 29, 2025

Order

#26

Sep 03, 2025

Response to Court Order

#27

Sep 09, 2025

District Judge Julia E. Kobick: MEMORANDUM AND ORDER entered.For the foregoing reasons, Sampiao's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to release Sampiao from the custody of U.S. Immigration and Customs Enforcement immediately upon his posting of the ordered bond, with no additional conditions beyond those imposed by the Immigration Judge in the July 31, 2025 bond order. ECF 14-1, at 1. The respondents are further ORDERED to file a status report on or before September 12, 2025, confirming that Sampiao has been released from custody.SO ORDERED. (Currie, Haley) (Entered: 09/09/2025)

Sep 09, 2025

Memorandum & Order

#28

Sep 12, 2025

Status Report

#29

Sep 15, 2025

Judgment