District of Massachusetts • 1:26-cv-13073

#1

Jul 02, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Jul 02, 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 Jennifer C. Boal. (SP) (Entered: 07/02/2026)

#3

Jul 02, 2026

General Order 19-02

#4

Jul 02, 2026

Service Order-2241 Petition

#5

Jul 02, 2026

Copies of the following were mailed to all respondents on 7/2/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 07/02/2026)

Jul 02, 2026

Copy Mailed

Jul 02, 2026

Notice of Case Assignment

#6

Jul 09, 2026

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

#7

Jul 09, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to file an updated response to the petition for a writ of habeas corpus, ECF 1, by July 10, 2026, at 1:00pm. There are several apparent discrepancies between the habeas petition, ECF 1, and the response, ECF 6 . While the petitioner represents that he is a citizen of Brazil who entered the United States in 2019 and was taken into custody by U.S. Immigration and Customs Enforcement (“ICE”) at the Boston Field Office, the respondents represent that the petitioner is a citizen of the Dominican Republic who entered the United States in 2023 and was arrested by ICE in New Hampshire. See ECF 1, ¶¶ 1-3; ECF 6, at 1. In addition, the respondents state that the petitioner was released on parole on 2023, whereas the petitioner states he was apprehended and released in 2019 and has been living continuously in the United States since that time. ECF 6, at 1; ECF 1, ¶ 2. The respondents’ updated response should address these factual discrepancies. (Currie, Haley) (Entered: 07/09/2026)

#8

Jul 09, 2026

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

#9

Jul 09, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Rhay Emanuell Fernandes De Oliveira, a citizen of Brazil who entered the United States on or about August 10, 2019, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on July 2, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-4, 37. He was detained by the U.S. Immigration and Customs Enforcement (“ICE”) on June 30, 2026. Id. ¶ 3. Fernandes De Oliveira remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 1.The respondents argue that Fernandes De Oliveira 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 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 8, 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 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Fernandes De Oliveira’s detention.Noncitizens like Fernandes De Oliveira “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, Fernandes De Oliveira’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him 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 17, 2026, notifying the Court whether Fernandes De Oliveira has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 07/09/2026)

Jul 09, 2026

Order

#10

Jul 15, 2026

Status Report

#11

Jul 22, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. On July 15, 2026, the respondents filed a status report indicating that a bond hearing was held on July 14, 2026 and that a decision from the Immigration Judge on bond would be forthcoming. ECF 10 . A week has passed and no further status report has been filed. The respondents are, accordingly, ORDERED to file a further status report by July 23, 2026 notifying the Court whether the petitioner has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 07/22/2026)

#12

Jul 22, 2026

STATUS REPORT by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security (DHS), David J. Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 07/22/2026)

#13

Jul 22, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 07/22/2026)

Jul 22, 2026

Order