District of Massachusetts • 1:26-cv-12686

#1

Jun 12, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11816194 Fee status: Filing Fee paid., filed by Jose Ricardo Pimentel Dos Santos. (Attachments: # 1 Category Form # 2 Civil Cover Sheet )(Da Cruz, Jacinda) Modified on 6/15/2026: Removed duplicate text. (MAC) (Entered: 06/12/2026)

#2

Jun 15, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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: 06/15/2026)

#3

Jun 15, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than June 25, 2026. (CAM) (Entered: 06/15/2026)

#4

Jun 15, 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). (CAM) (Entered: 06/15/2026)

#5

Jun 15, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Tolkoff and mailed to respondents on 6/15/2026. (CAM) (Entered: 06/15/2026)

Jun 15, 2026

Notice of Case Assignment

Jun 15, 2026

Copy Mailed

#6

Jun 17, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 06/17/2026)

#7

Jun 17, 2026

NOTICE by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling re 3 Service Order - 2241 Petition Regarding Place of Confinement (McMahon, Erica) (Entered: 06/17/2026)

#8

Jun 18, 2026

First MOTION Return of Petitioner to the District of Massachusetts by Jose Ricardo Pimentel Dos Santos.(Da Cruz, Jacinda) (Entered: 06/18/2026)

#9

Jun 18, 2026

Opposition re 8 First MOTION Return of Petitioner to the District of Massachusetts filed by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 06/18/2026)

#10

Jun 22, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Petitioner’s emergency motion for return of Petitioner to the District of Massachusetts, [ECF No. 8 ], is DENIED. The government concedes that the Court maintains jurisdiction over Petitioner’s petition. [ECF No. 9 at 1]. Under the circumstances of this case, where Petitioner was transferred prior to entry of the Court’s stay order, the Court lacks jurisdiction to order Petitioner’s return. See, e.g., Brouillard v. Lyons, No. 26-cv-10090, 2026 WL 497009, at *3 (D. Mass. Feb. 23, 2026) (“Petitioner's request to prohibit her transfer out of New England is outside the scope of habeas relief.”).For the avoidance of doubt, the Court’s stay order, [ECF No. 3 ], otherwise remains in effect. The government shall provide advance notice of any intended further transfer of Petitioner in accordance with the order. Petitioner shall not be deported, removed, or otherwise transferred outside the United States until further order of this Court. (CAM) (Entered: 06/22/2026)

Jun 22, 2026

Order on Motion for Miscellaneous Relief

#11

Jun 23, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 06/23/2026)

#12

Jun 24, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Jose Ricardo Pimentel Dos Santos’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that “the legal issues presented in this Petition are similar to those addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 11 at 1]. In that case, this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 11 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED, and the clerk is directed to enter judgment in favor of Petitioner. Respondents are ORDERED to provide Petitioner with a bond hearing within this District under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Should an immigration judge order the release of Petitioner on bond, Respondents are ORDERED to arrange for Petitioner’s prompt return to this District, unless Petitioner wishes to arrange for his own transportation. Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (CAM) (Entered: 06/24/2026)

#13

Jun 24, 2026

Judge Allison D. Burroughs: ORDER entered. JUDGMENT in favor of the Petitioner. (CAM) (Entered: 06/24/2026)

Jun 24, 2026

Order AND ~Util - Set Deadlines

#14

Jul 07, 2026

STATUS REPORT by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 07/07/2026)

#15

Aug 19, 2026

STATUS REPORT and Request for Further Relief by Jose Ricardo Pimentel Dos Santos. (Da Cruz, Jacinda) (Entered: 08/19/2026)

#16

Aug 20, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondents shall file a response to 15 Status Report filed by Jose Ricardo Pimentel Dos Santos by 8/26/2026. (CAM) (Entered: 08/20/2026)

Aug 20, 2026

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

#17

Aug 26, 2026

RESPONSE TO COURT ORDER by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling re 16 Order, Set Motion and R&R Deadlines/Hearings, 15 Status Report . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 08/26/2026)

#18

Aug 27, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Petitioner’s motion for further relief, [ECF No. 15 ], is GRANTED.Petitioner contends that shortly after the Court’s June 24, 2026, order directing Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226, [ECF No. 12 ], Petitioner’s counsel attempted to enter an appearance on his behalf in the Executive Office of Immigration Review (“EOIR”) Case Portal, but the appearance was never accepted, [ECF No. 15 at 5]. Thereafter, Petitioner appeared for a bond hearing on July 1, 2026. [ECF No 14 ]. Petitioner contends that his counsel received no prior notice of the bond hearing and did not appear at the hearing on Petitioner’s behalf. [ECF No. 15 at 2]. Respondents do not dispute that Petitioner's counsel lacked notice of the bond hearing, but they contend that Petitioner's counsel bears responsibility because she did not properly file a notice of appearance. [ECF No. 17 at 2]. After conducting a colloquy at the hearing with Petitioner, who appeared pro se, the immigration judge denied bond. [Id. at 2]; [ECF No. 14 ].Both statute, see 8 U.S. Code § 1362, and the Due Process Clause, see Zeru v. Gonzales, 503 F.3d 59, 72 (1st Cir. 2007), entitle aliens to representation by counsel at immigration hearings. Although the parties dispute the circumstances that led to Petitioner's denial of representation, it appears uncontested that circumstances beyond Petitioner’s control deprived him of the ability to be represented. The Court therefore finds that Petitioner did not receive the adequate bond hearing to which he is entitled under the Court’s prior order, 8 U.S. Code § 1362, and the Due Process Clause.Accordingly, Responds are ORDERED to provide Petitioner with a new bond hearing. The parties are directed to confer as soon as practicable to resolve any issues regarding the processing of Petitioner’s counsel’s immigration court appearance. Petitioner’s new bond hearing shall occur within 10 days after Petitioner’s counsel’s appearance is processed, and notice of the hearing date shall promptly be provided to any counsel appearing on Petitioner’s behalf.(CAM) (Entered: 08/27/2026)

Aug 27, 2026

Order

#19

Sep 17, 2026

STATUS REPORT and Notice of Intent to Transfer Petitioner by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 09/17/2026)

#20

Sep 17, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court is in receipt of Respondents' status report and notice of intent to transfer Petitioner. [ECF No. 19 ]. Given that Petitioner is now the subject of a final order of removal, that Respondents intend to remove him expeditiously, and that the Court has fully adjudicated Petitioner's habeas petition, Respondents may transfer Petitioner for the purpose of effectuating his removal. The Court hereby VACATES its June 15, 2026, order staying transfer or removal, [ECF No. 3 ].(CAM) (Entered: 09/17/2026)

Sep 17, 2026

Order