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Emigration and immigration

Habeas Corpus Petition Granted: Non-Citizen Release from Detention Ordered

Strategic Insights

— 1 min read

A petition for a writ of habeas corpus, filed by Adriano Maia dos Santos, a citizen of Brazil, has been granted, resulting in his immediate release from detention. The U.S. district court ruled that dos Santos, who was detained under 8 U.S.C. 1226, is subject to discretionary detention under Section 1226(a) rather than mandatory detention under Section 1225(b)(2). This decision was made possible by a stipulation between dos Santos and the Department of Homeland Security, which had previously ordered his release on bond in 2018.

Key Takeaways:

  • The petition for a writ of habeas corpus, filed by Adriano Maia dos Santos, was granted, resulting in his immediate release from detention.
  • The court ruled that dos Santos, a non-citizen, is subject to discretionary detention under Section 1226(a) rather than mandatory detention under Section 1225(b)(2).
  • The government's argument that dos Santos was subject to mandatory detention under Section 1225(b)(2) was found to be incorrect.
  • The court's decision was based on the plain text of Section 1226(a) and its discretionary framework.
  • Dos Santos was ordered to be released from detention within 48 hours of the court's decision, subject to the Immigration Judge's 2018 bond order.
  • The respondents, including the Immigration and Customs Enforcement, were ordered to file a status report on or before August 18, 2025, confirming dos Santos' release from custody.

Statistics:

  • 7 years: The length of time dos Santos resided in the United States on bond after being released by an Immigration Judge in 2018.
  • 2: The number of warrants used to detain dos Santos, first in expedited removal proceedings and then under Section 1226.
  • 48 hours: The time frame in which the respondents were ordered to release dos Santos from custody.
  • August 18, 2025: The date by which the respondents were ordered to file a status report confirming dos Santos' release from custody.

Sources:

  • Dos Santos v. Noem, et al. (Lawyers Weekly No. 02-450-25)
  • Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025)
  • 8 U.S.C. 1225(b)(2)
  • 8 U.S.C. 1226

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