District of Massachusetts • 1:26-cv-14623

Araujo da Silva v. Wesling

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Case Information

Filed: October 13, 2026
Assigned to: Denise Jefferson Casper
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12105106 Fee status: Filing Fee paid., filed by Matheus Araujo da Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 - Habeas Order from Related Case)(Cerretani, Gabriela) (Entered: 10/13/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Oct 13, 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 M. Page Kelley. (JKK) (Entered: 10/13/2026)
#3
Oct 13, 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: 10/13/2026)
Main Document: General Order 19-02
#4
Oct 13, 2026
Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 10/13/2026)
Main Document: Service Order-2241 Petition
Oct 13, 2026
Notice of Case Assignment
#5
Oct 15, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Oct 26, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Oct 26, 2026
Exhibit
Main Document: Exhibit
#8
Oct 29, 2026
Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re D. 1 Emergency PETITION for Writ of Habeas Corpus (2241); and D. 6 RESPONSE/ANSWER to Petition for Writ of Habeas Corpus (2241).The Court has reviewed the petition for a writ of habeas corpus under 28 U.S.C. § 2241, filed by Matheus Araujo da Silva ("Petitioner"), D. 1, as well the government's response, D. 6, in which respondents concede that Petitioner "is currently detained pursuant to 8 U.S.C. § 1226(a)" and "is entitled to a bond hearing before an Immigration Judge should he request one." The response does not ask the Court to hold the petition in abeyance or to dismiss it. See D. 6. Respondents' concession is well founded. The Court previously concluded Petitioner was subject to detention under § 1226(a), see Araujo da Silva v. Bondi, No. 25-cv-12672-DJC (D. Mass. Oct. 21, 2025), D. 16, and respondents have not identified a different statutory basis for Petitioner's present detention, see D. 6. Accordingly, the Court ALLOWS the Petition, D. 1, 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: 10/29/2026)
Oct 29, 2026
Order