District of Massachusetts • 1:26-cv-13857

#1

Aug 20, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number BMADC-11974567 Fee status: Filing Fee paid., filed by Sidimar Chaves Alves. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Kravitz, Daniel) Modified on 8/20/2026: Removed duplicate text (MAC). (Entered: 08/20/2026)

#2

Aug 20, 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 Paul G. Levenson. (EZG) (Entered: 08/20/2026)

#3

Aug 20, 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: 08/20/2026)

#4

Aug 20, 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 August 27, 2026. (Currie, Haley) (Entered: 08/20/2026)

#5

Aug 20, 2026

Copies of the following were mailed to all respondents on 8/20/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/20/2026)

Aug 20, 2026

Notice of Case Assignment

Aug 20, 2026

Copy Mailed

#6

Aug 27, 2026

NOTICE of Appearance by Costica Marian Mandache on behalf of Sidimar Chaves Alves (Mandache, Costica) (Entered: 08/27/2026)

#7

Aug 27, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin (Engingro, Vincent) (Entered: 08/27/2026)

#8

Aug 27, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin. (Engingro, Vincent) (Entered: 08/27/2026)

#9

Aug 28, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Sidimar Chaves Alves, a citizen of Brazil who entered the United States in March 2024, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 20, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 11-12. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on August 20, 2026. Id. ¶ 3. At the time of the petition, Chaves Alves was being held at the ICE Field Office in Burlington, Massachusetts. Id. ¶ 4.The respondents acknowledge “that the legal issues presented in this Petition are similar to those recently addressed by this Court in Rodrigues da Silva v. U.S. Department of Homeland Security, Civil Action No. 26-cv-13854 (D. Mass. Aug. 25, 2026).” ECF 8, at 1. In that case, the respondents did not dispute that petitioner was detained under 8 U.S.C. § 1226 and was therefore entitled a bond hearing pursuant to Section 1226(a). ECF 8, Rodrigues da Silva, No. 26-cv-13854 (Aug. 25, 2026). Noncitizens “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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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).The Court held in Rodrigues da Silva that petitioner was not required to exhaust administrative remedies. Exhaustion may be excused where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Chaves Alves would receive a bonding hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Chaves Alves, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Chaves Alves is therefore entitled to a bond hearing, as the respondents admit. ECF 8, at 1.For the foregoing reasons, Chaves Alves’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 within 24 hours of the Immigration Judge’s decision on bond, stating whether Chaves Alves has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether she has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 08/28/2026)

Aug 28, 2026

Order

#10

Sep 14, 2026

STATUS REPORT by Sidimar Chaves Alves. (Attachments: # 1 Exhibit Exhibit)(Kravitz, Daniel) (Entered: 09/14/2026)

#11

Sep 14, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to file a status report by 4:00 p.m. today, September 14, 2026, stating whether the petitioner has received the bond hearing ordered by this Court within 7 days of the Court's August 28, 2026 order granting his habeas petition. (Currie, Haley) (Entered: 09/14/2026)

#12

Sep 14, 2026

STATUS REPORT and Motion for Extension of Time by Todd Blanche, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin. (Engingro, Vincent) (Entered: 09/14/2026)

#13

Sep 14, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Sidimar Chaves Alves filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 20, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 11-12. On August 28, 2026, the Court granted Chaves Alves’s petition and ordered respondents “to prove him with a bond hearing . . . within 7 days of this Order”—i.e., by September 4, 2026. ECF 9 . On September 14, 2026, Chaves Alves filed a status report informing the Court that a bond hearing did not take place as ordered. ECF 10, ¶ 2. He further reported that he suffers from high blood pressure and did not receive his blood pressure medication during his first week of detention. Id. ¶¶ 3-5, 7. In response to this Court’s order, the respondents then filed a status report acknowledging that, due to an administrative error, a bond hearing still has not yet been held. ECF 11 ; ECF 12, at 1. Respondents also requested an extension of time to September 21, 2026 to provide Chaves Alves with a bond hearing. ECF 12, at 2.In light of the respondents’ admitted violation of this Court’s August 28, 2026 order, however inadvertent; the significant delay in affording Chaves Alves the bond hearing to which he is entitled under 8 U.S.C. § 1226(a); and Chaves Alves’ medical needs, the respondents’ request for an extension of time is DENIED. The respondents are ORDERED to release Chaves Alves from the custody of U.S. Immigration and Customs Enforcement immediately. Respondents are further ORDERED to file a status report on or before September 15, 2026 at 12:00 p.m. confirming that Chaves Alves has been released from custody. The respondents may move forward with scheduling a bond hearing for Chaves Alves pursuant to 8 U.S.C. § 1226(a) once he is released from custody. (Currie, Haley) (Entered: 09/14/2026)

Sep 14, 2026

Order

#14

Sep 15, 2026

Status Report

#15

Sep 15, 2026

Judgment