District of Massachusetts • 1:26-cv-14949

#1

Nov 02, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12155718 Fee status: Filing Fee paid., filed by Kayky De Souza Pereira. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ardalan, Sabrineh) Modified on 11/3/2026, removed duplicate text (CAM). (Entered: 11/02/2026)

#2

Nov 02, 2026

Judge Myong J. Joun: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MMR) (Entered: 11/02/2026)

#3

Nov 03, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (EZG) (Entered: 11/03/2026)

#4

Nov 03, 2026

District Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than November 6, 2026.(LP) (Entered: 11/03/2026)

#5

Nov 03, 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). (LP) (Entered: 11/03/2026)

#7

Nov 03, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to Respondents on 11/3/2026. (CGK) (Entered: 11/03/2026)

Nov 03, 2026

Copy Mailed

Nov 03, 2026

Notice of Case Assignment

#8

Nov 04, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 11/04/2026)

#9

Nov 04, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 11/04/2026)

#10

Nov 04, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Kayky De Souza Pereira. Petitioner Kayky De Souza Pereira ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes that under the First Circuit's decision in Guerrero Orellana v. Moniz, "this Court will conclude that Petitioner's detention is under 8 U.S.C. § 1226(a)" and, thus, "that Petitioner is entitled to a bond hearing." Dkt. 9 at 2; see Guerrero Orellana v. Moniz, 188 F.4th 1, 8, 20 (1st Cir. 2026) (holding that "noncitizens... who are present in the United States without admission are not subject to [8 U.S.C. ]§ 1225(b)(2)(A)'s mandatory detention provision, but rather, are governed by § 1226" and that "the district court was right to order the government to release [the petitioner] or provide him with a bond hearing"). Given this concession and pursuant to the First Circuit's decision in Guerrero Orellana, the Court concludes that Petitioner is entitled to a bond hearing under § 1226(a). The government argues that the Court should nonetheless deny the habeas petition because Petitioner failed to exhaust administrative remedies by first asking the immigration court for a bond hearing. During recent proceedings before this Court in Guerrero Orellana following issuance of the First Circuit's decision, the government has expressly refused to commit to not transfer class members who request bond hearings out of the circuit before they receive the bond hearing. The government has likewise refused to concede that class members who are transferred out of the circuit remain entitled to a bond hearing pursuant to the declaratory judgment that the First Circuit affirmed. Under these circumstances, the Court will not require noncitizens who are entitled to a bond hearing under the First Circuit's decision to exhaust administrative remedies before filing a habeas petition. See Brito v. Garland, 22 F.4th 240, 255 (1st Cir. 2021) (explaining that common-law exhaustion "cedes discretion to a [federal] court to decline the exercise of jurisdiction" and that "courts have... latitude in dealing with exhaustion questions" in the context of common-law exhaustion (first alteration in original) (first quoting Anversa v. Partners Healthcare Sys., Inc., 835 F.3d 167, 174 (1st Cir. 2016); and then quoting Portela-Gonzalez v. Sec'y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997))). Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing. (BEL) (Entered: 11/04/2026)

#11

Nov 04, 2026

Set Deadlines as to: STATUS REPORT due by 11/18/2026. (BEL) (Entered: 11/04/2026)

Nov 04, 2026

Order