District of Massachusetts • 1:26-cv-12978

#1

Jun 29, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11852910 Fee status: Filing Fee paid., filed by Naiara de Souza Barbosa. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Civil Cover Sheet, # 3 Category Form)(Kalil, Clarissa) Modified on 6/30/2026 (JKK). (Entered: 06/29/2026)

#2

Jun 29, 2026

First MOTION for Temporary Restraining Order by Naiara de Souza Barbosa. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kalil, Clarissa) (Entered: 06/29/2026)

#3

Jun 29, 2026

Proposed Summons. (Kalil, Clarissa) Modified on 6/30/2026: Updated docket text to properly reflect document filed. (FGD) (Entered: 06/29/2026)

#4

Jun 30, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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: 06/30/2026)

#5

Jun 30, 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). (Currie, Haley) (Entered: 06/30/2026)

#6

Jun 30, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than July 2, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/30/2026)

#7

Jun 30, 2026

Copies of the following were mailed to all respondents on 6/30/2026: 1 Petition for Writ of Habeas Corpus (2241), Motion for Temporary Restraining Order 2 and 6 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/30/2026)

Jun 30, 2026

Notice of Case Assignment

Jun 30, 2026

Copy Mailed

#8

Jul 02, 2026

Correct

#9

Jul 02, 2026

Notice of Appearance

#10

Jul 02, 2026

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

#11

Jul 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 8 First MOTION to Correct 3 Summons Returned Unexecuted, 1 Petition for Writ of Habeas Corpus (2241), 2 First MOTION for Temporary Restraining Order (Currie, Haley) (Entered: 07/02/2026)

#12

Jul 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Naiara dos Santos Barbosa, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 29, 2026 seeking her immediate release. ECF 1, ¶¶ 9, 17, 23, & at 17; see ECF 8 (motion seeking to correct petitioner’s last name). In July 2021, Barbosa entered the United States without inspection. Id. ¶¶ 1, 23. She then filed with United States Citizenship and Immigration Services an application for asylum and for withholding of removal, which remains pending. Id. ¶¶ 1, 24. On June 29, 2026, Barbosa was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) in Framingham, Massachusetts. Id. ¶¶ 2, 27. She was then transferred to Burlington, Massachusetts, where she remains in ICE custody. Id. ¶¶ 1-2, 12, 17.The respondents argue that Barbosa is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 10, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 10, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Barbosa’s detention.Noncitizens like Barbosa “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao, 799 F. Supp. 3d at 19-20. Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Barbosa’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide her with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before July 10, 2026, notifying the Court whether Barbosa has been granted bond and released or, if her request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 07/02/2026)

#13

Jul 02, 2026

Miscellaneous Relief

#14

Jul 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to file any response to the petitioner's emergency motion for supplemental relief and immediate release, ECF 13, by 3:30pm on July 3, 2026. (Currie, Haley) (Entered: 07/02/2026)

Jul 02, 2026

Order

Jul 02, 2026

Order on Motion to Correct

#15

Jul 03, 2026

Opposition to Motion

#16

Jul 03, 2026

Seal

#17

Jul 03, 2026

Notice - Other

#18

Jul 03, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 16 MOTION to Seal Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) (Entered: 07/03/2026)

#19

Jul 03, 2026

Reply to Response to Motion

#20

Jul 03, 2026

Notice of Manual Filing

#21

Jul 03, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Naiara dos Santos Barbosa’s emergency motion for supplemental relief and immediate release, ECF 13, is DENIED.On July 2, 2026, this Court granted Barbosa’s petition for a writ of habeas corpus and ordered the respondents to provide her with a bond hearing within 7 days. ECF 12 . Later that day, Barbosa filed an emergency motion seeking immediate release. ECF 13 . She contended that she is being held by U.S. Immigration and Customs Enforcement (“ICE”) in a building in Burlington, Massachusetts that is a processing facility rather than a detention center designed for prolonged detention of civil detainees. Barbosa further contended that she has a history of serious anxiety and has been experiencing shortness of breath while detained in Burlington.The respondents opposed Barbosa’s motion. ECF 15 . They submitted evidence that, in response to her medical concerns, ICE transported her to the hospital on July 2, 2026, and she was seen and discharged without further treatment required. ECF 15, Ex. 1-2. They also submitted evidence that, during the arrest of Barbosa by ICE agents, she attempted to hit an ICE agent with the car she was driving and bit an ICE agent with enough force to draw blood. ECF 15, Ex. 3. Through her reply, Barbosa disputes some of the facts surrounding her arrest. ECF 19 . But the evidentiary showing by the respondents is sufficient to warrant denial of Barbosa’s request for extraordinary relief in the form of early release in advance of her bond hearing. At her bond hearing, Barbosa will be able to present evidence and contest the respondents’ factual account of her arrest. But given the respondents’ evidentiary showing that she used force to resist arrest, the Court declines to exercise its equitable discretion to order her immediate release.In response to Barbosa’s concern that she is being held in an ICE processing facility rather than a detention facility, the respondents have notified the Court that they intend to transfer her to a facility in Dover, New Hampshire that can house women. The Court accordingly VACATES its June 30, 2026 Order Concerning Service of Petition and Stay or Transfer of Removal, ECF 6, so that ICE can effectuate Barbosa’s immediate transfer to a facility that can accommodate women. In light of the foregoing rulings, the Court also DENIES Barbosa’s motion for a temporary restraining order, ECF 2, as moot. The Court’s previous order requiring the respondents to provide Barbosa a bond hearing by July 9, 2026 remains in effect, as does its order that the respondents file a status report on or before July 10, 2026 notifying the Court whether Barbosa has been granted bond and released or, if her request for bond was denied, providing the reasons for that denial. ECF 12. (Currie, Haley) (Entered: 07/03/2026)

Jul 03, 2026

Order on Motion to Seal

Jul 03, 2026

Order on Motion for Miscellaneous Relief

#22

Jul 10, 2026

Status Report

#23

Jul 10, 2026

Status Report

#24

Jul 10, 2026

Notice - Other

#25

Jul 13, 2026

Status Report

#27

Jul 14, 2026

Judgment

Jul 14, 2026

Order

#28

Jul 27, 2026

Attorney Fees

#29

Jul 27, 2026

Memorandum in Support of Motion