District of Rhode Island • 1:26-cv-00052

#1

Jan 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2235668.), filed by Nelfi Ixael Montenegro Pena. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Bremer, Hans) (Entered: 01/27/2026)

#3

Jan 27, 2026

MOTION for Matthew Elliot Burns to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2235674 ) filed by Nelfi Ixael Montenegro Pena. (Bremer, Hans) (Additional attachment(s) added on 1/27/2026: # 1 Amended Motion for Admission Pro Hac Vice) (Gonzalez Gomez, Viviana). (Entered: 01/27/2026)

#4

Jan 27, 2026

Order

Jan 27, 2026

Case Assigned/Reassigned

Jan 27, 2026

Order on Motion to Appear Pro Hac Vice

Jan 27, 2026

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Matthew Elliott Burns. So Ordered by District Judge Melissa R. DuBose on 1/27/2026. (Gonzalez Gomez, Viviana)

Jan 27, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

Jan 28, 2026

Order

Jan 28, 2026

TEXT ORDER: The Respondents shall file a response to the Petition for Writ of Habeas Corpus (ECF No. 1 ) on or before February 2, 2026. So Ordered by District Judge Melissa R. DuBose on 1/28/2026. (Urizandi, Nissheneyra)

#5

Jan 29, 2026

Notice of Appearance

#6

Jan 30, 2026

Response in Opposition

Feb 04, 2026

Order on Petition for Writ of Habeas Corpus

Feb 04, 2026

TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued detention by immigration officials is unlawful, and that he must be released or given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The Government responded that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and that he is not entitled to release or a bond hearing. Upon review of the parties' papers, the exhibits attached thereto, and the applicable law, the Court finds that Petitioner is entitled to a bond hearing under § 1226(a). See Mendes v. Hyde, No. 25-CV-627-JJM-AEM, 2025 WL 3496546 (D.R.I. Dec. 5, 2025). Therefore, Petitioner's Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner immediately pending the bond hearing. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. Finally, the Court ORDERS the Government to file a status report within two days of Petitioner'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 District Judge Melissa R. DuBose on 2/4/2026. (Urizandi, Nissheneyra)

#7

Feb 06, 2026

Judgment

#8

Feb 11, 2026

Status Report