District of Massachusetts • 1:26-cv-12588

#1

Jun 08, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11800189 Fee status: Filing Fee paid., filed by Vitor Soares De Sa Mendes. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 06/08/2026)

#2

Jun 08, 2026

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. (MBM) (Entered: 06/08/2026)

#3

Jun 08, 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). (Currie, Haley) (Entered: 06/08/2026)

#4

Jun 08, 2026

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 June 15, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/08/2026)

#5

Jun 08, 2026

Copies of the following were mailed to all respondents on 6/8/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/08/2026)

Jun 08, 2026

Notice of Case Assignment

Jun 08, 2026

Copy Mailed

#6

Jun 15, 2026

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

#7

Jun 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Vitor Soares De Sa Mendes, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 8, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 7, 14, 22. In May 2021, De Sa Mendes entered the United States without inspection, was released after a brief detention, and was served with a Notice to Appear. Id. ¶¶ 3, 15-16. The Immigration Court terminated his removal proceedings in October 2022. Id. ¶¶ 3, 17. On June 7, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶¶ 2, 18, 20. De Sa Mendes remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 2, 6-7, 18.The respondents argue that De Sa Mendes is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 6, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 6, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs De Sa Mendes’ detention.Noncitizens like De Sa Mendes “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.” Sampiao, 799 F. Supp. 3d at 19-20. 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, De Sa Mendes’ petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before June 23, 2026, notifying the Court whether De Sa Mendes has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/15/2026)

Jun 15, 2026

Order

#8

Jun 23, 2026

Status Report

#9

Jul 02, 2026

Judgment