District of Rhode Island • 1:26-cv-00097

#1

Feb 14, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number BRIDC-2243910.), filed by Nicolas Garcia Peralta. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Asylum Receipt Notice, # 3 Exhibit Employment Authorization Card, # 4 Exhibit Application for Cancellation of Removal, # 5 Exhibit Prescription Medication Needed by Petitioner, # 6 Exhibit Detainee Locator Printout, # 7 Civil Cover Sheet Civil Cover Sheet)(Reisch, Janne) (Entered: 02/14/2026)

#3

Feb 14, 2026

ORDER ENTERED: 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 if 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 2/14/2026. (Perry, Frank) (Entered: 02/14/2026)

Feb 14, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Perry, Frank)

Feb 14, 2026

Case Assigned/Reassigned

#4

Feb 15, 2026

MOTION for Susanna L. Shafer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number BRIDC-2243953 ) filed by Nicolas Garcia Peralta. (Reisch, Janne) (Entered: 02/15/2026)

#5

Feb 17, 2026

Notice of Appearance

Feb 17, 2026

TEXT ORDER granting 4 Motion to Appear Pro Hac Vice of Susanna L. Shafer. So Ordered by District Judge Mary S. McElroy on 2/17/2026. (Hill, Cherelle)

Feb 17, 2026

Order on Motion to Appear Pro Hac Vice

#6

Feb 18, 2026

Response to Motion

Feb 18, 2026

Order

Feb 18, 2026

TEXT ORDER : Mr. Garcia has filed a petition for habeas corpus under 28 USC § 2241. The respondents are ordered to show cause, on or before February 20, 2026, as to why this petition should not be granted. See 28 U.S.C. § 2243. So Ordered by District Judge Mary S. McElroy on 2/18/2026. (Potter, Carrie)

#7

Feb 23, 2026

Reply to Response

Feb 25, 2026

TEXT ORDER. Before the Court is Nicolas Garcia Peralta's petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 ). Upon review, the Court agrees with the Government's response that this case presents the same legal issues considered in Tomas Elias v. Hyde, 25-cv-540-JJM-AEM, and the Court reaches the same result here. Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1 ). The Government is ORDERED to provide Mr. Mohammadi with a bond hearing before an Immigration Judgment pursuant to 8 U.S.C. § 1226(a) within thirty days of the date of this Order. The Government is ordered to provide Mr. Garcia Peralta and his attorney with adequate notice of the date and time of that hearing. Further, the Court ORDERS the Government to release the Petitioner immediately pending the bond hearing. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. The Government shall set minimal release conditions that will reasonably assure the Petitioner's appearance at the bond hearing. Finally, the Court ORDERS the Government to file a status report within five days of the Petitioners bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reasons for that denial. So Ordered by District Judge Mary S. McElroy on 2/25/2026. (Potter, Carrie)

Feb 25, 2026

Order on Petition for Writ of Habeas Corpus

#8

Mar 10, 2026

Status Report