District of Rhode Island • 1:26-cv-00094

#1

Feb 13, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2243616.), filed by Omar Omar. (Attachments: # 1 Civil Cover Sheet)(Romero, Amy) (Entered: 02/13/2026)

#3

Feb 13, 2026

MOTION for John Burt to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2243626 ) filed by Omar Omar. (Attachments: # 1 Explanation)(Romero, Amy) (Entered: 02/13/2026)

#4

Feb 13, 2026

ORDER : 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 Mary S. McElroy on 2/13/2026. (Potter, Carrie) (Entered: 02/13/2026)

Feb 13, 2026

TEXT ORDER: The Government must respond to 1 Emergency PETITION for Writ of Habeas Corpus on or before 2/18/2026. So Ordered by District Judge Mary S. McElroy on 2/13/2026. (Potter, Carrie)

Feb 13, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

Feb 13, 2026

Order

Feb 13, 2026

Order on Motion to Appear Pro Hac Vice

Feb 13, 2026

Case Assigned/Reassigned

Feb 13, 2026

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of John Burt. So Ordered by District Judge Mary S. McElroy on 2/13/2026. (Gonzalez Gomez, Viviana)

#5

Feb 17, 2026

Notice of Appearance

#6

Feb 18, 2026

Response to Motion

#7

Feb 19, 2026

Notice (Other)

#8

Feb 19, 2026

Reply Memorandum

Feb 19, 2026

Order

Feb 19, 2026

TEXT ORDER. The Petitioner shall not be removed or transferred under any circumstances and must remain at the Wyatt Detention Facility pending the Court's consideration of the following and further order of the Court. On or before Monday, February 23, 2026, the Respondents shall file:1. A copy of the temporary travel document purportedly issued by the Government of Somalia; 2.Documentation identifying the issuing authority and confirming the documents validity and current enforceability;3. Documentation reflecting acceptance for repatriation by the receiving government; and4. Any confirmed removal itinerary or scheduled removal date.On or before February 23, 2026, the Respondents shall file documentation demonstrating compliance with the applicable revocation procedures, including:1. The Notice of Revocation of Release;2. Proof of service of that notice;3. Documentation of any informal interview conducted following return to custody; and4. Documentation reflecting any individualized determination, including any finding based on changed circumstances that removal is significantly likely in the reasonably foreseeable future.In light of the Petitioners expressed fear of return, on or before February 23, 2026, the Respondents shall file documentation demonstrating compliance with all applicable procedures governing claims of fear of persecution or torture, including:1.Documentation reflecting whether Petitioner was referred for appropriate screening;2. The status of any reasonable fear or other protection proceedings; and3.Confirmation that removal will not proceed absent compliance with applicable regulations governing protection under the Convention Against Torture and related provisions. So Ordered by District Judge Mary S. McElroy on 2/19/2026. (Potter, Carrie)

#9

Feb 23, 2026

Supplemental Memorandum in Opposition

#10

Feb 23, 2026

Seal

#11

Feb 24, 2026

Reply Memorandum

Mar 11, 2026

Order on Petition for Writ of Habeas Corpus

Mar 11, 2026

TEXT ORDER granting 10 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 3/11/2026. (Potter, Carrie)

Mar 11, 2026

Order on Motion to Seal

Mar 11, 2026

TEXT ORDER. Before the Court is the Petitioner, Omar Omar's, Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1 ). The Petitioner challenges his re-detention following the Respondents' revocation of his prior release. The Court finds that the dispositive issue is whether the Respondents complied with the regulatory procedures governing revocation of release under 8 C.F.R. §§ 241.4(l) and 241.13(i). Those procedures required written notice of the reasons for revocation and then a prompt informal interview or other opportunity for the Petitioner to respond. The record here demonstrates that the Petitioners opportunity to respond preceded service of the written notice of revocation. On this record, the Respondents have not established compliance with the governing regulations. 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 3/11/2026. (Potter, Carrie)