District of Massachusetts • 1:26-cv-12948

#1

Jun 28, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11849334 Fee status: Filing Fee paid., filed by Pedro Henrique Vasconcelos Astine. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Petitioner's B2 Visa)(Chatterjee, Shantanu) (Entered: 06/28/2026)

#2

Jun 28, 2026

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 06/28/2026)

#3

Jun 29, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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: 06/29/2026)

#4

Jun 29, 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). (SED) (Entered: 06/29/2026)

#5

Jun 29, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 06/29/2026)

#6

Jun 29, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), Petition emailed to Duty AUSA and mailed to Respondents and USAO on 6/29/2026. (SED) (Entered: 06/29/2026)

Jun 29, 2026

Copy Mailed

Jun 29, 2026

Notice of Case Assignment

#7

Jul 01, 2026

Notice of Appearance

#8

Jul 01, 2026

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

#9

Jul 02, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The petitioner in this case is a twenty-year-old young man who is a citizen of Brazil. Doc. No. 1 at 1. He came to the United States lawfully, on a tourist visa, when he was thirteen years old. Id. He lives in Massachusetts with his parents and two younger brothers. Id. On Sunday, June 28, while visiting a pond in Halifax, Massachusetts, the petitioner was arrested by ICE officers. Id. He has been detained ever since. In this action, he challenges the lawfulness of his detention. The respondents have answered the petition, conceding the petitioner is entitled to a bond hearing and neither supplementing nor contesting the factual allegations just summarized. Doc. No. 8. They do not suggest, let alone attempt to demonstrate, that there is any reason to believe the petitioner poses a risk of flight or a danger to the community.Having reviewed the Petition and the Response in this case, and in light of the circumstances just described, the Court hereby ALLOWS the Petition as follows. The respondents are hereby ORDERED to RELEASE the petitioner IMMEDIATELY, without prejudice to scheduling a bond hearing before an immigration judge pursuant to 28 U.S.C. 1226(a), to be held no later than July 9, 2026. The respondents shall effect the petitioner’s release by no later than 3 PM today, July 2, 2026. In the event the respondents choose to pursue a bond hearing, they are bound by their concession that the petitioner is subject to detention only under Section 1226(a), and they may not argue he is subject to detention under Section 1225. The burdens of proof at any bond hearing are as resolved by the First Circuit in Hernandez-Lara and, in determining whether the government has met its burden of proof as to risk of flight or danger to the community, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would mitigate such risk or danger. If a bond hearing occurs, the respondents shall provide a copy of this Order to the immigration judge no later than at the start of the hearing. The respondents shall not retaliate against the petitioner for filing this Petition. No later than July 10, 2026, the respondents shall file a status report describing their compliance with this Order. (SED) (Entered: 07/02/2026)

Jul 02, 2026

Order

#10

Jul 10, 2026

Status Report

#11

Jul 13, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 10 Status Report.The respondents shall file a further status report, attaching the IJ's bond decision, by July 15, 2026. (SED) (Entered: 07/13/2026)

Jul 13, 2026

Order AND ~Util - Set Deadlines

#12

Jul 15, 2026

STATUS REPORT by Todd W. Blanche, Konstantinos Diamantakos, Markwayne Mullin, Donald J. Trump, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 07/15/2026)

#13

Jul 15, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court previously allowed the habeas petition in this case and granted relief as described in its Electronic Order dated July 2, 2026. Doc. No. 9. The Court intends to enter judgment to that effect on July 22, 2026, absent any filings before that date by any party seeking further action by the Court.(FGD) (Entered: 07/15/2026)

#14

Jul 15, 2026

First MOTION to Enforce Judgment PETITIONERS EMERGENCY MOTION TO ENFORCE COURTS JULY 2, 2026 JUDGMENT by Pedro Henrique Vasconcelos Astine. (Attachments: # 1 Supplement Memorandum in Support of Petitioner's Motion to Enforce Judgment, # 2 Text of Proposed Order Proposed Order for Petitioner's Motion to Enforce Judgment, # 3 Exhibit Respondents' Notice of Petitioner's July 9, 2026 Custody Redetermination Hearing, # 4 Exhibit Immigration Court Portal Screenshot of Docket Date of Petitioner's Case, # 5 Exhibit Immigration Court Clerk Email to Petitioner's Counsel, # 6 Exhibit Petitioners Counsels Form EOIR-28 Entry of Appearance as Attorney in Petitioner's Custody Proceeding, # 7 Exhibit Form I-213 Record of Deportable/Inadmissible Alien against Petitioner, # 8 Exhibit Department of Homeland Securitys Evidence Submission against Petitioner)(Chatterjee, Shantanu) (Entered: 07/15/2026)

#15

Jul 15, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 14 First MOTION to Enforce Judgment PETITIONERS EMERGENCY MOTION TO ENFORCE COURTS JULY 2, 2026 JUDGMENT. The government shall respond to the petitioners emergency motion to enforce (Doc. No. 14) by 3 PM on Friday, July 17, 2026. (SED) (Entered: 07/15/2026)

#16

Jul 15, 2026

Docketed in Error. (SED). (Entered: 07/15/2026)

Jul 15, 2026

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

Jul 15, 2026

Status Report

Jul 15, 2026

Order

#17

Jul 17, 2026

Response to Motion

#18

Jul 17, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On July 2, 2026, this Court allowed Petitioner’s habeas petition and ordered his immediate release from custody, without prejudice to Respondents holding a bond hearing within seven days that complied with the Constitution and the law as defined by the First Circuit. Doc. No. 9. Respondents released Petitioner as required, and they also pursued a bond hearing. The record before the Court establishes that Petitioner did not receive notice of the date and time of the bond hearing and, thus, did not appear for it. The record further establishes that the only notice sent by Respondents to Petitioner concerning the bond hearing was mailed on July 7, 2026, to the address of the jail from which Respondents had released Petitioner (per this Court’s order) five days prior. Doc. No. 14-3. Respondents do not contest these facts. Despite the lack of notice and Petitioner’s absence, a bond hearing proceeded on July 9, and an immigration judge denied Petitioner bond based largely on his failure to appear for the hearing. Doc. No. 12-1. Petitioner has filed a motion to enforce, arguing the bond hearing did not comport with the Constitution’s guarantee of due process. Doc. No. 14. Respondents have not opposed the motion. Doc. No. 17. The only relief Petitioner seeks is an order requiring Respondents to hold a new bond hearing. Doc. No. 14. Respondents do not oppose this relief. Doc. No. 17. In light of the foregoing circumstances, the motion to enforce (Doc. No. 14) is ALLOWED. Respondents shall provide Petitioner a new bond hearing within seven days of this Order. The hearing shall comply with all of the conditions previously articulated by this Court, Doc. No. 9, and Respondents shall ensure that both Petitioner and his lawyer receive actual, advance notice of the date and time of the bond hearing. It is further ORDERED that, if Petitioner has been taken into custody by Respondents on the basis of the IJ’s prior bond decision, he shall be RELEASED from custody IMMEDIATELY, by no later than 8 PM today, July 17, 2026. (SED) (Entered: 07/17/2026)

Jul 17, 2026

Order

#19

Jul 20, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered:The respondents shall file a status report within four business days of the new bond hearing, and no later than July 30, 2026, describing their compliance with the Court's July 17 order (Doc. No. 18) and attaching a copy of the immigration judge's written bond decision. (FGD) (Entered: 07/20/2026)

#20

Jul 20, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT. (FGD) (Entered: 07/20/2026)

Jul 20, 2026

Order AND ~Util - Set Deadlines

#21

Jul 30, 2026

Status Report