District of Rhode Island • 1:25-cv-00425

#1

Aug 29, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2177586.), filed by Vivian G. Neto. (Attachments: # 1 Exhibit Salazar Declaration, # 2 Exhibit McDonald Declaration)(West, George) (Entered: 08/29/2025)

#2

Aug 29, 2025

Civil Cover Sheet filed by Vivian G. Neto. Regarding New Case: 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2177586.) . (West, George) (Entered: 08/29/2025)

#3

Aug 29, 2025

NOTICE of Appearance by George J. West on behalf of Vivian G. Neto (West, George) (Entered: 08/29/2025)

#4

Aug 29, 2025

NOTICE of Appearance by Amy Retsinas Romero on behalf of Vivian G. Neto (Romero, Amy) (Entered: 08/29/2025)

Aug 29, 2025

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

Aug 29, 2025

Case Assigned/Reassigned

#5

Sep 02, 2025

ORDER : To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved from her 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 9/2/2025. (Potter, Carrie) (Entered: 09/02/2025)

Sep 02, 2025

TEXT ORDER: The Government is directed to file its response to 1 Emergency PETITION for Writ of Habeas Corpus on or before 9/5/2025. So Ordered by District Judge Mary S. McElroy on 9/2/2025. (Potter, Carrie)

Sep 02, 2025

Order

#6

Sep 05, 2025

Assented MOTION for an Extension of Time to File Response/Reply as to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2177586.) filed by All Defendants. Responses due by 9/19/2025. (Gendron, Ronald) (Entered: 09/05/2025)

#7

Sep 05, 2025

MOTION to Amend/Correct 6 Assented MOTION for an Extension of Time to File Response/Reply as to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2177586.) filed by All Defendants. Responses due by 9/19/2025. (Gendron, Ronald) (Entered: 09/05/2025)

#8

Sep 11, 2025

RESPONSE In Opposition to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2177586.) filed by All Defendants. Replies due by 9/18/2025. (Attachments: # 1 Exhibit A: K. Chan Declaration, # 2 Exhibit B; RI Dist. Ct case, # 3 Exhibit C: RI Superior Ct. case, # 4 Exhibit D: BIA & IJ Decisions)(Gendron, Ronald) (Entered: 09/11/2025)

Sep 11, 2025

TEXT ORDER granting nunc pro tunc 6 Motion for Extension of Time to File and 7 Motion to Amend/Correct. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Potter, Carrie)

Sep 11, 2025

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion to Amend/Correct

#9

Sep 17, 2025

MOTION for an Extension of Time to File Response/Reply filed by Vivian G. Neto. Responses due by 10/1/2025. (West, George) (Entered: 09/17/2025)

Sep 18, 2025

TEXT ORDER granting 9 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines: Replies due by 9/25/2025.. So Ordered by District Judge Mary S. McElroy on 9/18/2025. (Potter, Carrie)

Sep 18, 2025

Order on Motion for Extension of Time to File Response/Reply

Sep 22, 2025

NOTICE of Hearing: In Chambers Conference set for 9/23/2025 at 01:30 PM in Judge McElroy's Chambers before District Judge Mary S. McElroy. (Potter, Carrie)

Sep 22, 2025

Notice of Hearing (Form Attached)

Sep 23, 2025

TEXT ORDER STAYING CASE pending State of Rhode Island Writ. So Ordered by District Judge Mary S. McElroy on 9/23/2025. (Potter, Carrie)

Sep 23, 2025

Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 9/23/2025. A. Romero, G. West, J. MacDonald and R. Gendron in attendance. (Courtroom Chambers at 1:30 pm.) (Potter, Carrie)

Sep 23, 2025

Order Staying Case

Sep 23, 2025

In Chambers Conference

#10

Oct 07, 2025

NOTICE by Vivian G. Neto of Filing of a Copy of State Writ of Habeas Corpus Ad Prosequendum/testificandum (West, George) (Entered: 10/07/2025)

#12

Oct 21, 2025

Order: The Court GRANTS the Petition (ECF No. 1 ) as follows: the Respondents are ORDERED to ensure that the Petitioner is transported and produced before the Rhode Island Superior Court in sufficient time to appear at her scheduled hearing on October 28, 2025, at 9:30 a.m. In the alternative, if such transportation cannot be arranged, Respondents shall release Petitioner no later than October 25, 2025, to permit her to make her own travel arrangements and to be personally present at the hearing.. So Ordered by District Judge Mary S. McElroy on 10/21/2025. (Potter, Carrie) (Entered: 10/21/2025)

#13

Nov 03, 2025

ORDER : 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 11/3/2025. (Potter, Carrie) (Entered: 11/03/2025)

#14

Jan 13, 2026

MOTION ICE/ERO Custody Order for State Court Appearance filed by All Defendants. Responses due by 1/27/2026. (Gendron, Ronald) (Entered: 01/13/2026)

#15

Jan 13, 2026

ORDER granting 14 MOTION ICE/ERO Custody Order for State Court Appearance . So Ordered by District Judge Mary S. McElroy on 1/13/2026. (Potter, Carrie) (Entered: 01/13/2026)

#16

Jan 16, 2026

Assented MOTION to Amend/Correct 13 Order,, Amend No-Transfer Order for RI Court Appearances filed by All Defendants. Responses due by 1/30/2026. (Gendron, Ronald) (Entered: 01/16/2026)

#17

Jan 22, 2026

ORDER regarding removal of petitioner. So Ordered by District Judge Mary S. McElroy on 1/22/2026. (Potter, Carrie) (Entered: 01/22/2026)

#18

Jan 22, 2026

MOTION Emergency Motion to Transfer filed by Patricia Hyde, Kristi Noem. Responses due by 2/5/2026. (Bolan, Kevin) (Entered: 01/22/2026)

#19

Jan 22, 2026

Emergency RESPONSE In Opposition to 18 MOTION Emergency Motion to Transfer filed by Vivian G. Neto. Replies due by 1/29/2026. (West, George) (Entered: 01/22/2026)

Jan 22, 2026

TEXT ORDER granting 16 Motion to Amend/Correct. So Ordered by District Judge Mary S. McElroy on 1/22/2026. (Potter, Carrie)

Jan 22, 2026

Order on Motion to Amend/Correct

Jan 23, 2026

NOTICE of Hearing: In Chambers Conference set for 1/23/2026 at 11:30 AM via Zoom before District Judge Mary S. McElroy. Counsel will be sent zoom information via email. (Potter, Carrie)

Jan 23, 2026

TEXT ORDER. The Respondent's Emergency Motion to Transfer (ECF No. 18 ) is DENIED. The Respondent has proposed to transfer the Petitioner to a wholly unsuitable facility. If the Respondent concludes that it cannot continue to house the Petitioner at the Cumberland County Jail in Portland, Maine and cannot, with 72-hours' notice, house the Petitioner in any other appropriate facility, the Petitioner must be released on conditions of bail. So Ordered by District Judge Mary S. McElroy on 1/23/2026. (Potter, Carrie)

Jan 23, 2026

Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 1/23/2026. Court converts conference into hearing. G. West, A. Romero, R. Gendron and K. Bolan in attendance. Court hears arguments. For reasons stated, the Court denies Emergency Motion to Transfer (ECF No. 18). Order to enter. Recess. (Court Reporter L. Schwam in Courtroom Zoom at 11:30 am.) (Potter, Carrie)

Jan 23, 2026

In Chambers Conference

Jan 23, 2026

Notice of Hearing (Form Attached)

Jan 23, 2026

Order on Motion for Miscellaneous Relief

#20

Jan 24, 2026

Emergency MOTION for Immediate Release of Petitioner filed by Vivian G. Neto. Responses due by 2/9/2026. (Attachments: # 1 Exhibit Exhibit A)(Romero, Amy) (Entered: 01/24/2026)

#21

Jan 24, 2026

STATUS REPORT confirming Petitioner's release by Patricia Hyde, Kristi Noem. (Bolan, Kevin) (Entered: 01/24/2026)

Jan 24, 2026

Public Docket Note

Jan 24, 2026

Order

Jan 24, 2026

Order on Motion for Miscellaneous Relief

Jan 24, 2026

TEXT ORDER. Because of the Petitioner's assertion that she was moved from the Cumberland County Jail in violation of this Court's clear orders, the respondent is ordered to release the Petitioner immediately from the ICE Field Office in Burlington Massachusetts. Her release must be accomplished no later than 9 p.m. tonight January 24, 2024. The respondents are to provide this Court with a status report no later than 10 p.m. tonight, January 24, 2026, indicating that she has been released. Respondents are further enjoined from re-detaining the Petitioner unless they first provide 72 hours' written notice to the Court and to Petitioner's counsel stating the reason for re-detention and the proposed facility. Nothing in this order relieves the respondent from responding to the Court's order of a status report by 12:00 p.m. on January 26, 2026. So Ordered by District Judge Mary S. McElroy on 1/24/2026. (Potter, Carrie)

Jan 24, 2026

TEXT ORDER. The respondent is ordered to provide a status report to the Court no later than 12:00 noon on January 26, 2026. That report must contain the following information: (1) the current location of the petitioner; (2) a listing of all movement of the petitioner on or after January 15, 2026 including, date, time, and authorizing agent; (3) a detailed account of why the agency is no longer able to house detainees at the Cumberland County Jail as has been represented to this Court. So Ordered by District Judge Mary S. McElroy on 1/24/2026. (Potter, Carrie)

Jan 24, 2026

DOCKET NOTE: The January 24, 2026 Text Order was sent via email to counsel of record on 1/24/2026 at 12:57 pm. (Potter, Carrie)

#22

Jan 26, 2026

STATUS REPORT by Patricia Hyde, Kristi Noem. (Attachments: # 1 Exhibit 1 -- Chan Decl.)(Bolan, Kevin) (Entered: 01/26/2026)

#23

Jan 27, 2026

ORDER : The Respondents are ordered to provide this Court with the following information no later than 12:00 p.m. on January 30, 2026:1. The name, agency, and role, of any person who authorized or was aware of the movement of the petitioner from CCJ on January 22, 2026.2. For those persons listed in answer 1, the date and time that they became aware of the movement of the Petitioner in violation of this Courts order.3. The name of all persons who were notified of the outcome of this Courts January 23, 2026, hearing and the subsequent text order including the date, time, and person who informed them of the order.4. Any and all communications relating to the decision to continue to hold the Petitioner after the January 23, 2026, hearing and order.Based on the current record it seems clear that the Court can conclude that the Respondents willfully violated two of this Courts orders and willfully misrepresented facts to the Court on January 23, 2026. The Respondents are ordered to show cause as to why the Court should not conclude that these violations occurred and proceed accordingly. So Ordered by District Judge Mary S. McElroy on 1/27/2026. (Potter, Carrie) (Main Document 23 replaced on 1/27/2026) (Potter, Carrie). (Entered: 01/27/2026)

Jan 29, 2026

Order

Jan 29, 2026

Notice of Hearing (Form Attached)

Jan 29, 2026

NOTICE of Hearing: Status Conference set for 1/30/2026 at 11:30 AM via Zoom before District Judge Mary S. McElroy.(Zoom Meeting ID: 161 525 4942, Passcode: 444566) (Potter, Carrie)

Jan 29, 2026

TEXT ORDER : In preparation of the 1/30/2026 status conference, defendants shall be prepared to address the name, agency and contact information of whom they are trying to obtain the information to comply with the Court's 1/27/2026 (ECF 23 ) Order. So Ordered by District Judge Mary S. McElroy on 1/29/2026. (Potter, Carrie)

Jan 30, 2026

Notice of Hearing (Form Attached)

Jan 30, 2026

Minute Entry for proceedings held before District Judge Mary S. McElroy: Status Conference held on 1/30/2026. A. Romero, G. West, R. Gendron, K. Bolan. Department of Homeland Security representative Vanessa Woodman de Lazo in attendance. Petitioner to produce proposed order on 2/2/2026. (Court Reporter L. Schwam in Courtroom Zoom at 12:30 pm.) (Potter, Carrie)

Jan 30, 2026

NOTICE of Hearing: Status Conference reset for 1/30/2026 at 12:30 PM in Remote Hearing before District Judge Mary S. McElroy. PLEASE NOTE TIME CHANGE ONLY. (Zoom Meeting ID: 161 525 4942, Passcode: 444566) (Potter, Carrie)

Jan 30, 2026

Status Conference

#24

Feb 03, 2026

ORDER: The Respondents are ordered to provide this Court with the following information no later than Friday, February 13, 2026.. The name, agency, and role of any person who approved the transfer of the Petitioner from Cumberland County Jail ( CCJ) on January 22, 2026, and the reason for the transfer;2. The name, agency and role of any person who was aware of the movement of the Petitioner from CCJ on January 22, 2026;3. For those persons listed in #1 and #2, the date and time that t hey became aware of the movement of the Petitioner from CCJ;4. The name, agency, and role of any person who was notified of the outcome of this Courts January 23, 2026, hearing and the subsequent text order, including the date, time, and person wh o informed them of the order;5. A copy of the following documents:a. Any additions made to Petitioners A-file after January 21, 2026 to present;b. ERO e-File Detainee Transfer Notifications sent by U.S. ICE;c. Detainee Transfer Check List ;d. Detainee Transfer Notification form provided to Detainee;e. Detainee Transfer Notification provided to counsel of record (with Form G-28 on file);1f. Detainee Transfer Notification provided to EOIR;g. Form I-216, Record of Persons and Property Transfer, and Form I-77, or equivalent;h. Form USM-553, Medical Summary of Federal Prisoner/Alien in Transit, or local Medical Transfer Summary form;i. Form I-203/203A, Order to Detain/Release Alien;j. Form I-794, In-Processing Health Screening Form; andk. Form G-391, or equivalent. So Ordered by District Judge Mary S. McElroy on 2/3/2026. (Potter, Carrie)

#25

Feb 10, 2026

TRANSCRIPT ORDER for proceedings held on 1.30.26 before Judge Mary S. McElroy. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Gendron, Ronald) (Entered: 02/10/2026)

#26

Feb 10, 2026

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 25 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer) (Entered: 02/10/2026)

#27

Feb 13, 2026

MOTION to Seal Ex Parte Motion Filed. (Attachments: # 1 Exhibit C - Filed under seal)(Gendron, Ronald) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 02/13/2026)

#28

Feb 13, 2026

RESPONSE In Support to 27 MOTION to Seal Ex Parte Motion Filed. IN RESPONSE TO ECF 23 AND 24 filed by All Defendants. Replies due by 2/20/2026. (Attachments: # 1 Exhibit A- Filed under seal and ex parte, # 2 Exhibit B, # 3 Exhibit C- Filed under seal, # 4 Exhibit D, # 5 Exhibit E)(Gendron, Ronald) (Entered: 02/13/2026)

#29

Feb 13, 2026

Amended MOTION to Seal Filed. (Attachments: # 1 Exhibit C - Filed under seal)(Gendron, Ronald) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 02/13/2026)

#32

Feb 20, 2026

NOTICE by Patricia Hyde, Kristi Noem re Order on Motion to Seal,, and Motion for Protective Order (Attachments: # 1 Exhibit Privilege Log, # 2 Exhibit Proposed Protective Order)(Bolan, Kevin) (Entered: 02/20/2026)

#33

Mar 03, 2026

Transcript

Mar 25, 2026

Order AND ~Util - Add and Terminate Parties