District of Massachusetts • 1:26-cv-12741

#1

Jun 16, 2026

NOTICE of Appearance by Robert William Callahan on behalf of Sebastiao Reginaldo Da Silva (Callahan, Robert) (Entered: 06/16/2026)

#2

Jun 16, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11823369 Fee status: Filing Fee paid., filed by Sebastiao Reginaldo Da Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Callahan, Robert) Modified on 6/17/2026 (JKK). (Entered: 06/16/2026)

#3

Jun 16, 2026

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 06/16/2026)

#4

Jun 17, 2026

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 Donald L. Cabell. (LBO) (Entered: 06/17/2026)

#5

Jun 17, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 06/17/2026)

#6

Jun 17, 2026

Copy re 2 Petition for Writ of Habeas Corpus (2241) and 5 Order mailed to Patricia Hyde, David Wesling, David Venturella, Markwayne Mullin, Todd Blanche on 6/17/2026. (JAM) (Entered: 06/17/2026)

#7

Jun 17, 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). (JAM) (Entered: 06/17/2026)

Jun 17, 2026

Notice of Case Assignment

Jun 17, 2026

Copy Mailed

#8

Jun 22, 2026

Notice of Appearance

#9

Jun 22, 2026

Vacate

#10

Jun 23, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 MOTION to Vacate 5 Order, 3 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL and Notice of Transfer to Rhode Island filed by Markwayne Mullin, David Wesling, Patricia Hyde, Todd Blanche, David Venturella. Petitioner Sebastiao Reginaldo Da Silva is a Brazilian citizen who has lived in the United States for twenty years. He is married to an American citizen and has two children who also are United States citizens. He has lived in Framingham for more than 10 years, is a taxpayer, and has no criminal history. Petitioner represents that he entered the United States without detection in 2006. Da Silva also asserts that he is part of the Guerrero Orellana class. He asks the court to order that he be released or at the least, receive a bond hearing in the Immigration Court. Da Silva was arrested by ICE at 2:00 pm on June 16, 2026, and, after a short stop at its Burlington Center, ICE (at 3:45 pm) took him to Wyatt Detention Facility in Central Falls, Rhode Island (arriving at 5:45 pm) to ready his removal to Brazil. Petitioner filed his habeas at 5:03 pm, and this court issued a STAY Order at 5:09 pm. The government admits that it had taken Da Silva out of the District of Massachusetts (crossed into Rhode Island) after the Order had issued, and does not contest jurisdiction here, but submits that its violation was unintentional.Rather than filing a Response to the Petition, the government asks the court to vacate its Order prohibiting removal so it can "effectuate removal in the upcoming weeks" intending to send Da Silva on an emergency basis to "a staging facility in Alexandria, Louisiana, no sooner than 72 hours from [its] filing." Gov't Mot. at 3. The government fails to give the court integral facts or documentation supporting its intended removal of Mr. Da Silva. The only document provided by the government is a page dated 9/22/2005 (Da Silva asserts he arrived in 2006), with a checked box which orders Da Silva removed because "[t]he Immigration and Naturalization Service submitted documentary evidence relating to the respondent which established the truth of the factual allegations contained in the Notice to Appear." The Notice to Appear, or any other facts or paperwork supporting this removal order issued in abstentia are lacking.The court will provide Sebastiao Reginaldo Da Silva until the close of business on Monday June 29, 2026, to oppose the government's motion and to address the removal Order attached to the government's motion. The STAY ORDERS prohibiting Da Silva's removal from this district or the United States (Dkt #3 and #5) remain in effect until the court rules on the government's motion.(MZ) (Entered: 06/23/2026)

#11

Jun 23, 2026

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

Jun 23, 2026

Order

#12

Jun 26, 2026

Response to Motion

#13

Jun 26, 2026

Notice of Voluntary Dismissal