District of Rhode Island • 1:26-cv-00014

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Jan 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2229069.), filed by Fabricio Gil Espana. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 01/09/2026)

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Jan 09, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Fabricio Gil Espana. So Ordered by Chief Judge John J. McConnell, Jr. on 1/9/2026. (Simoncelli, Michael) (Entered: 01/09/2026)

Jan 09, 2026

Case Assigned/Reassigned

Jan 09, 2026

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

Jan 12, 2026

TEXT ORDER: Respondents shall file a response to the PETITION for Writ of Habeas Corpus on or before Friday, January 16, 2026. So Ordered by Chief Judge John J. McConnell, Jr. on 1/12/2026. (Simoncelli, Michael)

Jan 12, 2026

Order

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Jan 13, 2026

Appear Pro Hac Vice

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Jan 13, 2026

Notice of Appearance

Jan 13, 2026

TEXT ORDER granting 4 Motion to Appear Pro Hac Vice of Alina Voronov. So Ordered by Chief Judge John J. McConnell, Jr. on 1/13/2026. (Hill, Cherelle)

Jan 13, 2026

Order on Motion to Appear Pro Hac Vice

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Jan 16, 2026

RESPONSE IN OPPOSITION by Michael Krol, Todd Lyons, Kristi Noem, David Wesling re 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2229069.) . (Bolan, Kevin) (Entered: 01/16/2026)

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Jan 16, 2026

JUDGMENT in favor of Fabricio Gil Espana against David Wesling, Kristi Noem, Michael Krol, Michael Nessinger, Todd Lyons. So Ordered by Deputy Clerk: Ryan H. Jackson on 1/16/2026. (Jackson, Ryan) (Entered: 01/16/2026)

Jan 16, 2026

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: : Fabricio Gil Espana has filed a habeas petition, arguing that his arrest and continued detention by Immigrations and Customs Enforcement ("ICE") is unlawful, and that he must be released or given a bond hearing before an immigration judge ("IJ") under 8 U.S.C. § 1226(a). ECF No. 1. In its Response, the Government stated that the legal issues presented in this case are like those recently addressed by the Court in Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I. Oct 27, 2025). ECF No. 6 at 1. The Government also acknowledged that, should the Court follow its reasoning in Tomas Elias, it would reach the same result in Mr. Espana's case. Id. The Court finds that the reasoning provided in Tomas Elias remains correct and, as such, finds that Mr. Espana is entitled to a bond hearing under 8 U.S.C. §1226(a). See Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021). Therefore, the Court GRANTS Mr. Espana's Petition. ECF No. 1. The Government is hereby ORDERED (1) to provide Fabricio Gil Espana with a bond hearing before an IJ under 8 U.S.C. § 1226(a) within ten days of the date of this order; and (2) the Government must release Fabricio Gil Espana immediately pending the bond hearing. Per its request, the Government is permitted to transfer Mr. Espana to Burlington, Massachusetts to process his release and to allow for the setting of minimal release conditions that will reasonably assure his appearance at the bond hearing. ECF No. 6 at 1 n.1. However, effectuating this transfer and determining minimal release conditions shall not in any way impede Mr. Espaa's immediate release. Finally, (3) the Court ORDERS the Government to file a status report within five days of Mr. Espana's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 1/16/2026. (Jackson, Ryan)

Jan 16, 2026

Order on Petition for Writ of Habeas Corpus

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Jan 22, 2026

Status Report

Jan 23, 2026

Order

Jan 23, 2026

TEXT ORDER: The parties are hereby ordered to produce, on or before Friday, 1/30/26, any document, including an order or a hearing transcript, that evidences the Immigration Judge's finding at Mr. Espana's bond hearing that he presents a danger to the community. So Ordered by Chief Judge John J. McConnell, Jr. on 1/23/2026. (Jackson, Ryan)

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Jan 28, 2026

Notice (Other)

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Jan 28, 2026

Exhibit in Support

Jan 28, 2026

Public Docket Note

Jan 28, 2026

DOCKET NOTE: Electronic versions of Exhibits 1 and 2 received and maintained in the Clerk's Office. (Gonzalez Gomez, Viviana)

Feb 02, 2026

Order

Feb 02, 2026

TEXT ORDER: On or before Friday, February 6, 2026, Mr. Espana is directed to inform the Court if, and if so how he would like to proceed with his habeas petition considering the Government's produced exhibit in support. So Ordered by Chief Judge John J. McConnell, Jr. on 2/2/2026. (Jackson, Ryan)

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Feb 06, 2026

MOTION to Enforce Judgment and Response to February 2 Text Order filed by Fabricio Gil Espana. Responses due by 2/20/2026. (Hurvich, Carl) (Entered: 02/06/2026)

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Feb 06, 2026

Supplemental Memorandum in Support

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Feb 10, 2026

RESPONSE In Opposition to 11 MOTION to Enforce Judgment and Response to February 2 Text Order filed by Michael Krol, Todd Lyons, Kristi Noem, David Wesling. Replies due by 2/17/2026. (Bolan, Kevin) (Entered: 02/10/2026)