District of Massachusetts • 1:26-cv-12967

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11852153 Fee status: Filing Fee paid., filed by Agnaldo Cilira Da Costa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Detainee Locator Page)(Burns, Matthew) Modified to remove duplicate text on 6/29/2026 (CAM). (Entered: 06/29/2026)

#2

Jun 29, 2026

MOTION for Temporary Restraining Order by Agnaldo Cilira Da Costa.(Burns, Matthew) (Entered: 06/29/2026)

#3

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

#4

Jun 29, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 06/29/2026)

#5

Jun 29, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order mailed to Antone Moniz, David Wesling, Todd Lyons, Markwayne Mullin, Todd Blanche on 6/29/2026. (JAM) (Entered: 06/29/2026)

#6

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

Jun 29, 2026

Copy Mailed

Jun 29, 2026

Notice of Case Assignment

#7

Jun 30, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 2 Motion for TRO. See Order Staying Transfer, Dkt # 4. (MZ) (Entered: 06/30/2026)

#8

Jun 30, 2026

Notice of Appearance

Jun 30, 2026

Order on Motion for TRO

#9

Jul 06, 2026

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

#10

Jul 07, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Todd Blanche, Todd Lyons, Antone Moniz. According to his habeas petition, Agnaldo Cilira Da Costa is a Brazilian citizen who entered the United States at El Paso, Texas, in December of 2022. It appears that he was released on interim parole (because ICE is unable to find a Order of Release on Recognizance (Form I-220A) on its database). Petitioner was detained by authorities at a scheduled check-in with Immigration on June 26, 2026, and issued a Form I-205, Warrant of Removal/Deportation. See Dkt # 9-2, Form I-205, Warrant of Removal/Deportation (a Final removal Order to be issued by a "designated official".) Petitioner has a pending Form I-589, Application for Asylum and for Withholding of Removal. In its Response, the government argues that Da Costa's "Form I-860 was vacated upon the issuance of a Notice to Appear or that USCIS issued a NTA per the agency's discretion." Gov't Opp'n at 1. It also asserts that "[a]s the party with the burden of proof, Petitioner has not shown that ICE's return to custody is unlawful." Id. at 2.The court directs Agnaldo Cilira Da Costa to show cause no later than July 17, 2026 (including any missing operative facts) why the court should order a bond hearing or release.(MZ) (Entered: 07/07/2026)

Jul 07, 2026

Order

#11

Jul 15, 2026

Response to Order to Show Cause

#12

Jul 16, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Response to Order to Show Cause filed by Agnaldo Cilira Da Costa. As the government has not shown that Petitioner Agnaldo Cilira Da Costa was paroled versus released, the court agrees that he is entitled to a bond hearing. The government must arrange a bond hearing for him before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Wednesday July 21, 2026. The court asks that counsel inform the court within two days of Petitioner's release from detention. (MZ) (Entered: 07/16/2026)

Jul 16, 2026

Order

#13

Jul 28, 2026

Status Report

#14

Jul 28, 2026

Status Report

#15

Jul 29, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 14 Status Report filed by Markwayne Mullin, David Wesling, Todd Blanche, Todd Lyons, Antone Moniz. Counsel inform the court within two days of Petitioner's release from detention. (MZ) (Entered: 07/29/2026)

Jul 29, 2026

Order

#16

Jul 31, 2026

Status Report

#17

Aug 03, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 16 Status Report filed by Agnaldo Cilira Da Costa. As Respondents have released Petitioner from detention (on July 30, 2026) pursuant to an Immigration Judge's bond order, the Clerk will DISMISS and close this case. (MZ) (Entered: 08/03/2026)

Aug 03, 2026

Order

#18

Aug 04, 2026

Order Dismissing Case