District of Massachusetts • 1:26-cv-12837

#1

Jun 23, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11835278 Fee status: Filing Fee paid., filed by Edson Da Silva Dos Santos. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Da Cruz, Jacinda) Modified on 6/23/2026: to remove duplicate docket text; to restrict documents; and correct nature of suit to match filings (EZG). (Entered: 06/23/2026)

#2

Jun 23, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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 Jessica D. Hedges. (FGD) (Entered: 06/23/2026)

#3

Jun 23, 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). (EZG) (Entered: 06/23/2026)

Jun 23, 2026

Notice of Case Assignment

#4

Jun 24, 2026

Service Order-2241 Petition

#5

Jul 02, 2026

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

#6

Jul 20, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Edson Da Silva Dos Santos. Having considered the Petition of Edson Da Silva Dos Santos ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 5, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, "the legal issues presented in this Petition are similar to those addressed by this Court in Dias De Carvalho v. Hyde, et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025) and Araujo Da Silva v. Bondi et al., No. 25-cv-12672-DJC (D. Mass. Oct. 21, 2025)," D. 5 at 1; see Order, Dias De Carvalho, No. 25-cv-12677-DJC, D. 14 and cases cited; Araujo da Silva, 2025 WL 2969163, at *1. Consistent with the Court's ruling in Dias De Carvalho and Araujo da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), see Dias De Carvalho, No. 25-cv-12677-DJC, D. 14; Araujo da Silva, 2025 WL 2969163, at *1. Thus, Petitioner is entitled to a bond hearing. See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226(a) and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (SEC) (Entered: 07/20/2026)

Jul 20, 2026

Order

#7

Aug 04, 2026

Status Report