District of Rhode Island • 1:26-cv-00059

#1

Jan 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2236944.), filed by Olvin Mauricio Bonilla Hernandez. (Attachments: # 1 Civil Cover Sheet)(Deyoe, Sonja) (Main Document 1 replaced on 1/29/2026) (Hill, Cherelle). (Attachment 1 replaced on 1/29/2026) (Hill, Cherelle). (Additional attachment(s) added on 1/29/2026: # 2 Civil Cover Sheet) (Hill, Cherelle). (Attachment 2 replaced on 1/29/2026) (Hill, Cherelle). (Entered: 01/29/2026)

#3

Jan 29, 2026

ORDER : To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved from their current facility without providing the Court with at least 72 hours advance notice of the move and the reason therefore. Any such 72- hour notice period shall commence at the date and time such notice is filed and expire 72 hours later, except "[i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday." Fed. R. Civ. P. 6(a)(2)(C). So Ordered by District Judge Mary S. McElroy on 1/29/2026. (Potter, Carrie) (Entered: 01/29/2026)

Jan 29, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle)

Jan 29, 2026

Case Assigned/Reassigned

#4

Jan 30, 2026

Notice of Appearance

Feb 05, 2026

TEXT ORDER : The Government shall respond to 1 PETITION for Writ of Habeas Corpus on or before 2/18/2026. So Ordered by District Judge Mary S. McElroy on 2/5/2026. (Potter, Carrie)

Feb 05, 2026

Order

#5

Feb 18, 2026

Response to Motion

#6

Feb 24, 2026

Reply to Response

Mar 05, 2026

TEXT ORDER. Before the Court is the Petitioner, Olvin Maurico Bonilla Hernandez's, Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) The Petitioner challenges his re-detention following the Respondents' revocation of an Order of Supervision. The Court finds that the dispositive issue is whether Respondents complied with the regulatory requirements governing revocation of supervised release under 8 C.F.R. §§ 241.4(l) and 241.13(i). See Kong v. United States, 62 F.4th 608, 619-20 (1st Cir. 2023). Although Respondents assert that a Notice of Revocation was served, they have not provided documentary evidence demonstrating compliance with those regulations. On this record, Respondents have not established lawful revocation. An agency must follow its own regulations and, "when ICE fails to follow its own regulations in revoking release, the proper remedy is to order the noncitizen's release." Bulle v. Wesling, C.A. No. 26-cv-019-JJM-AEM, 2026 WL 183840, at *8 (D.R.I. Jan. 23, 2026). The Petition for Writ of Habeas Corpus is therefore GRANTED, and Respondents shall immediately release Petitioner under the conditions of his prior Order of Supervision. The Respondents may transfer to the Petitioner to the Boston ICE Field Office in Burlington, Massachusetts, to effectuate his release consistent with this Order. So Ordered by District Judge Mary S. McElroy on 3/5/2026. (Potter, Carrie)

Mar 05, 2026

Order on Petition for Writ of Habeas Corpus