Bezerra Da Silva v. Blanche
| JOSE ZELIO BEZERRA DA SILVA |
| TODD BLANCHE, Acting Attorney General |
| 26-1616 |
| May 26, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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ORDER entered: Upon consideration of motion, it is ordered that the time for Petitioner Jose Zelio Bezerra Da Silva to file a brief and appendix be enlarged to and including September 2, 2026 . [20-1714, 26-1616] (ALW) [Entered: 07/23/2026 09:11 AM]
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| MOTION to extend time to file brief filed by Petitioner Jose Zelio Bezerra Da Silva. Served on 07/17/2026. [20-1714, 26-1616]. CLERK'S NOTE: Docket entry was edited to modify the docket text and document should have been filed in additional case, 20-1714. Correction made by clerk's office. No further action required. (GRN) [Entered: 07/17/2026 04:56 PM] |
| NOTICE of appearance on behalf of Petitioner Jose Zelio Bezerra Da Silva filed by Attorney Gerald R Nowotny. Served on 07/03/2026. [26-1616] (GRN) [Entered: 07/03/2026 06:05 AM] |
| NOTICE of default and intent to dismiss issued. The petitioner is directed to file an appearance form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form due 07/16/2026 . [26-1616] (ALW) [Entered: 07/02/2026 07:07 PM] |
| BRIEFING schedule set. Brief and Appendix due 08/03/2026 for petitioner Jose Zelio Bezerra Da Silva. Pursuant to F.R.A.P. 31(a), respondent's brief will be due 30 days following service of petitioner's brief and petitioner's reply brief will be due 21 days following service of respondent's brief. [20-1714, 26-1616] (ALW) [Entered: 06/24/2026 05:31 PM] |
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ORDER entered by Julie Rikelman, Appellate Judge: Petitioner Jose Bezerra Da Silva currently has two matters pending in this court: Appeal 20-1714 and Appeal 26-1616. Both matters concern the agency's resolution of petitioner's third motion seeking reopening and/or reconsideration. By order entered in Appeal 20-1714 on August 12, 2020, petitioner's removal was stayed based on the government's filing of a non-opposition to petitioner's motion for stay of removal. By order entered in Appeal 20-1714 on June 14, 2023, the court remanded to the agency and stated that Appeal 20-1714 would remain pending but held in abeyance, that the previously entered stay of removal would remain in effect, and that the court was "retain[ing] jurisdiction to the extent necessary to extend, modify, dissolve, or ensure compliance with that stay order." The government has moved to dismiss Appeal 26-1616 on untimeliness grounds. The various pending filings are addressed or resolved as follows. The motion to dismiss Appeal 26-1616 is denied without prejudice to reassertion of relevant arguments in briefing. In briefing, the parties should address both the matter of 1252(b)(1) timeliness and the question whether the filing of a new petition for review designating the February 4 order was required in light of the content of the court's June 14, 2023, order (as described above). Resolution of all relevant issues is reserved to the ultimate merits panel. Appeals 20-1714 and 26-1616 will be consolidated for purposes of briefing and any oral argument. The clerk shall enter a new standard briefing schedule. Appeal 20-1714 already saw full briefing prior to the remand to the agency described above, but that briefing of course does not address the BIA's recent February 4 order, so a full round of new briefing is in order. As the stay of removal entered in Appeal 20-1714 on August 12, 2020, remains in effect, the stay motion petitioner filed in Appeal 26-1616 will remain pending and will be addressed in due course. Because the Vacatur Motion turns, at least in part, on the issues to be briefed by the parties, that motion, too, will remain pending and will be addressed in due course. [20-1714, 26-1616] (ALW) [Entered: 06/24/2026 05:18 PM]
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| ADMINISTRATIVE record. [26-1616] (TS) [Entered: 06/24/2026 02:14 PM] |
| Filing fee was paid by Petitioner Jose Zelio Bezerra Da Silva. Receipt number: A01-42637-154. [26-1616] (ALW) [Entered: 06/05/2026 10:48 AM] |
| Fee Amount: $600.00 Receipt Number: A01-42637-154. [26-1616] (GRN) [Entered: 06/04/2026 03:20 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge; and Julie Rikelman, Appellate Judge: Petitioner Jose Bezerra Da Silva currently has two matters pending in this court: Appeal 20-1714 and Appeal 26-1616. By order entered in Appeal 20-1714 on June 14, 2023, petitioner's removal has been stayed; that stay of removal remains in effect pending further order, and the court intends to address in due course the parties' pending filings related to that stay of removal. The court intends to address in due course the motion for stay of removal filed in Appeal 26-1616. Meanwhile, in Appeal 26-1616, petitioner has filed a "Petition for Habeas Corpus" related to immigration detention at the Wyatt Detention Center in Rhode Island and has attached to that filing a copy of a completed "USCIS Form I-130." Rather, we conclude that the "Petition for Habeas Corpus" and related filings should be transferred to the United States District Court for the District of Rhode Island. See generally Arevalo v. Ashcroft , 344 F.3d 1, 15 (1st Cir. 2003) ("The petitioner originally asked the district court, among other things, for a writ of habeas corpus ordering her immediate release from detention. See 28 U.S.C. 2241(a). This request was properly filed with the district court."); see also Fed. R. App. P. 22(a) (transfer of mislaid habeas filings); Rumsfeld v. Padilla , 542 U.S. 426, 442-43 (2004) (discussing "district of confinement" rule that generally applies to habeas petitions challenging confinement). We leave all relevant determinations to be made by the district court in the first instance. In accordance with the foregoing, the "Petition for Habeas Corpus" and related filings are transferred to the District Court for the District of Rhode Island. [20-1714, 26-1616] (ALW) [Entered: 06/04/2026 10:19 AM]
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| NOTICE Supporting documentation for Form I130 which is part of Habeas Corpus Petition filed by Petitioner Jose Zelio Bezerra Da Silva. Served on 06/03/2026. [26-1616] (GRN) [Entered: 06/03/2026 01:09 PM] |
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ORDER entered: Upon consideration, the motion to withdraw Attorney Bernard Joseph and Attorney Anthony P. Nicastro as counsel for Respondent Todd Blanche is allowed. Attorney Bernard Joseph and Attorney Anthony P. Nicastro are hereby withdrawn as counsel in this appeal. Respondent will continue to be represented by his remaining counsel of record. [26-1616] (ALW) [Entered: 06/03/2026 11:36 AM]
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| MOTION for Attorney Anthony Nicastro and Bernard Joseph to withdraw as counsel filed by Respondent Todd Blanche. Served on 06/03/2026. [26-1616] (JFS) [Entered: 06/03/2026 08:29 AM] |
| EMERGENCY PETITION This is a Petition for Habeas Corpus. While this petition is normally filed in federal district court, current circumstances require the Petitioner's action. Petitioner is submitting Form I130 to demonstrate his pathway to legal status. filed by Petitioner Jose Zelio Bezerra Da Silva. Served on 06/02/2026. [26-1616] (GRN) [Entered: 06/02/2026 08:21 PM] |
| MOTION to Dismiss Petition as Untimely, and OPPOSITION to Petitioners Motion for a Stay of Removal [ # 6812601-2 ] filed by Respondent Todd Blanche. Served on 05/28/2026. [26-1616]. CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (JFS) [Entered: 05/28/2026 04:14 PM] |
| NOTICE of appearance on behalf of Respondent Todd W. Blanche filed by Attorney John F. Stanton. Served on 05/27/2026. [26-1616] (JFS) [Entered: 05/27/2026 07:47 AM] |
| NOTICE regarding application of Local Rule 18.0. [26-1616] (ALW) [Entered: 05/26/2026 04:49 PM] |
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ORDER entered: Petitioner has filed a motion to stay removal. This order is issued in accordance with First Circuit Local Rule 18.0. Removal of the petitioner is hereby stayed for ten business days from the date of this order. The government shall file its response to the motion in accordance with the Local Rule. [26-1616] (ALW) [Entered: 05/26/2026 05:17 PM]
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| EMERGENCY MOTION to Stay Removal filed by Petitioner Jose Zelio Bezerra Da Silva. Served on 05/26/2026. [26-1616]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 05/26/2026 04:56 PM] |
| AGENCY CASE docketed. Petition for review filed by Petitioner Jose Zelio Bezerra Da Silva. Fee and Appearance form due 06/09/2026 . Administrative record due 07/06/2026 . Copy of petition served on respondent(s) pursuant to FRAP 15(c). [26-1616]. CLERK'S NOTE: Docket entry was edited to attach a missing document. (ALW) [Entered: 05/26/2026 04:43 PM] |
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| Petitioner: JOSE ZELIO BEZERRA DA SILVA | |
| Represented By: | Gerald R. Nowotny |
| Represented By: | Jose Zelio Bezerra Da Silva |
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| Respondent: TODD BLANCHE, Acting Attorney General | |
| Represented By: | John Frederick Stanton |
| Represented By: | Oil |
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