District of Rhode Island • 1:26-cv-00083

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Feb 09, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2240967.), filed by Victor Ubeimar Betancur Mesa. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Notice to Appear)(Romero, Amy) (Entered: 02/09/2026)

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Feb 09, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2240967.) filed by Victor Ubeimar Betancur Mesa. To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved outside the District of Rhode Island 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 Melissa R. DuBose on 2/9/2026. (Simoncelli, Michael) (Entered: 02/09/2026)

Feb 09, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle)

Feb 09, 2026

Case Assigned/Reassigned

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Feb 10, 2026

Notice of Appearance

Feb 10, 2026

TEXT ORDER: The Government shall respond to the Petitioner's 1 Emergency Petition for Writ of Habeas Corpus by close of business day on Thursday, February 12, 2026. So Ordered by District Judge Melissa R. DuBose on 2/10/2026. (Urizandi, Nissheneyra)

Feb 10, 2026

Order

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Feb 11, 2026

Response to Motion

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Feb 11, 2026

Reply Memorandum

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Feb 11, 2026

Judgment

Feb 11, 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 not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and 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 TODAY (February 11, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, February 11, 2026. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 3, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. 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 2/11/2026. (Urizandi, Nissheneyra)

Feb 11, 2026

Order on Petition for Writ of Habeas Corpus