District of Massachusetts • 1:26-cv-14136

#1

Sep 09, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12018867 Fee status: Filing Fee paid., filed by Enio Lopes Rezende. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/09/2026)

#2

Sep 09, 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 Jennifer C. Boal. (LBO) (Entered: 09/09/2026)

#3

Sep 09, 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: 09/09/2026)

#4

Sep 09, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 09/09/2026)

Sep 09, 2026

Notice of Case Assignment

#5

Sep 11, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (McMahon, Erica) (Entered: 09/11/2026)

#6

Sep 23, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 09/23/2026)

#7

Oct 05, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Enio Lopes Rezende ("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 Respondents acknowledge, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde," D. 6 at 1; see Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Consistent with the Court's ruling in Dias De Carvalho, 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. Thus, Petitioner is entitled to a bond hearing. See Da 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"). Respondents submit a partially complete Form I-860, dated May 5, 2021, and acknowledge that petitioner was released on his own recognizance. D. 6 at 1; D. 6-1. While Respondents assert that Petitioner was issued an expedited removal order such that he is not a member of the Guerrero Orellana class, see Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 198-99 (D. Mass. 2025), they do not claim that this prior, incomplete order or Petitioner's release on his own recognizance affects his eligibility for a bond hearing under 8 U.S.C. § 1226(a). D. 6 at 1. 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. (EZG) (Entered: 10/05/2026)

Oct 05, 2026

Order

#8

Oct 15, 2026

STATUS REPORT by Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 10/15/2026)

#9

Oct 21, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status report, D. 8, and the prior relief granted, D. 7, the Court DISMISSES the Petition.(SEC) (Entered: 10/21/2026)

#10

Oct 21, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 10/21/2026)

Oct 21, 2026

Order