District of Massachusetts • 1:26-cv-12953

#1

Jun 29, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11850166 Fee status: Filing Fee paid., filed by Adrian De Oliveira Candido. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 06/29/2026)

#2

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

#3

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). (EZG) (Entered: 06/29/2026)

#4

Jun 29, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 06/29/2026)

Jun 29, 2026

Notice of Case Assignment

#5

Jun 30, 2026

Notice of Appearance

#6

Jul 07, 2026

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

#7

Jul 29, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Adrian De Oliveira Candido. Having considered the Petition of Adrian De Oliveira Candido ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 6, the Court ALLOWS the Petition to the following extent. As the government acknowledges, "the legal issues presented in this Petition are similar to those recently addressed by this Court" in Dias De Carvalho v. Hyde, et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 6 at 1; see Order, Dias De Carvalho, No. 25-cv-12677-DJC, D. 14 and cases cited; Araujo da Silva v. Bondi et al., No. 25-cv-12672-DJC, 2025 WL 2969163, at *1 (D. Mass. Oct. 21, 2025). 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: 07/29/2026)

Jul 29, 2026

Order