District of Massachusetts • 1:26-cv-14954

#1

Nov 03, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number CMADC-12157462 Fee status: Filing Fee paid., filed by Luis Gustavo Coelho Martins Dutra. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lagana, Stephen) (Entered: 11/03/2026)

#2

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 Jessica D. Hedges. (EZG) (Entered: 11/03/2026)

#3

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). (CGK) (Entered: 11/03/2026)

#4

Nov 03, 2026

District Judge Patti B. Saris: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than November 6, 2026.(CGK) (Entered: 11/03/2026)

Nov 03, 2026

Notice of Case Assignment

#5

Nov 04, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 11/04/2026)

#6

Nov 05, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 11/05/2026)

#7

Nov 05, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Luis Gustavo Coelho Martins Dutra. Petitioner Luis Gustavo Coelho Martins Dutra ("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 "Petitioner is detained pursuant to 8 U.S.C. § 1226(a)" and that "[h]e is entitled to a bond hearing should he request one." Dkt. 6 at 1. To the extent the government argues that Petitioner failed to exhaust administrative remedies by first asking the immigration court for a bond hearing, the Court will not deny the petition on the basis of exhaustion where, as here, 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)). 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: 11/05/2026)

#8

Nov 05, 2026

Set Deadlines as to: STATUS REPORT due by 11/19/2026. (BEL) (Entered: 11/05/2026)

Nov 05, 2026

Order