District of Rhode Island • 1:25-cv-00484

Sanchez Lopez v. Nessinger

Terminated

Case Information

Filed: September 24, 2025
Assigned to: Melissa R. Dubose
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: October 01, 2025
Last Activity: October 01, 2025
Parties: View All Parties →

Docket Entries

#1
Sep 24, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2188173.), filed by Victor Manuel Sanchez Lopez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration)(Deyoe, Sonja) (Entered: 09/24/2025)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
Sep 25, 2025
ORDER OF COURT: 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 48 hours advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 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. (Perry, Frank) (Entered: 09/25/2025)
Main Document: Order
#4
Sep 25, 2025
MOTION for Muneer Ahmad to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2188201 ) filed by Victor Manuel Sanchez Lopez. (Deyoe, Sonja) (Entered: 09/25/2025)
Main Document: Appear Pro Hac Vice
#5
Sep 25, 2025
MOTION for Madelyn Finucane to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2188207 ) filed by Victor Manuel Sanchez Lopez. (Deyoe, Sonja) (Entered: 09/25/2025)
Main Document: Appear Pro Hac Vice
Sep 25, 2025
Case Assigned/Reassigned
Sep 25, 2025
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Perry, Frank)
Sep 25, 2025
TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Madelyn Finucane. So Ordered by District Judge Melissa R. DuBose on 9/25/2025. (Gonzalez Gomez, Viviana)
Sep 25, 2025
TEXT ORDER granting 4 Motion to Appear Pro Hac Vice of Muneer Ahmad. So Ordered by District Judge Melissa R. DuBose on 9/25/2025. (Gonzalez Gomez, Viviana)
Sep 25, 2025
Order on Motion to Appear Pro Hac Vice
Sep 26, 2025
TEXT ORDER: The Respondents shall file a response to the Petition for Writ of Habeas Corpus (ECF No. 1 ) showing cause why this Writ should not be granted on or before Monday, September 29, 2025 at 11:59pm. So Ordered by District Judge Melissa R. DuBose on 9/26/2025. (Urizandi, Nissheneyra)
Sep 26, 2025
Order
#6
Sep 29, 2025
Seal
Main Document: Seal
#7
Sep 29, 2025
Response to Motion
Main Document: Response to Motion
#8
Oct 01, 2025
Judgment
Main Document: Judgment
#9
Oct 01, 2025
Reconsideration
Main Document: Reconsideration
Oct 01, 2025
Order on Motion to Seal AND Order on Petition for Writ of Habeas Corpus
Oct 01, 2025
TEXT ORDER: Before the Court is Petitioner's request for Writ of Habeas Corpus (ECF No. 1 ) ("Petition") which claims due process violations stemming from medical complaints and a September 24, 2025 interaction where Petitioner was detained by immigration officials after attending a routine ICE check-in. Pursuant to 28 U.S.C. § 2243, the Respondents were ordered to "show cause why the writ should not be granted," to which they filed an Opposition to Petition for Writ of Habeas Corpus and Motion to Dismiss (ECF No. 7 ). The Court notes the Respondents have shown that "Petitioner is subject to a final order of removal, [and] he is ineligible for release pursuant to [8 U.S.C § 1231], which states in pertinent part, that 'when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the 'removal period')." ECF No. 7 at 7 (quoting 8 U.S.C. § 1231(a)(1)(A)). Further, Respondents highlight that "Petitioner failed to make any application in good faith for travel or departure from the United States, thus the removal period 'shall be extended beyond the period of 90 days." Id. (quoting 8 U.S.C § 1231(a)(1)(C)). The Petition failed to disclose pertinent information about the status of Petitioner's immigration status and proceedings, which the Court now understands includes adverse decisions from an immigration judge, the Board of Immigration Appeals, and the First Circuit Court of Appeals, and most significantly, a final order of removal. ECF No. 7, Exs. AC. Thus, as the Respondents assert, the "Petitioner has exhausted all administrative and federal remedies and is subject to final removal pursuant to 8 U.S.C. § 1231." ECF No. 7 at 2. Lastly, for the reasons explained in Respondents' Opposition, Petitioner's complaints about medical issues are not proper grounds on which this Court will grant the Petition. See id. at 78. Therefore, the Petition is DENIED and the case is DISMISSED. Respondents' Motion to Seal Exhibit D (ECF No. 6 ) is GRANTED. So Ordered by District Judge Melissa R. DuBose on 10/1/2025. (Urizandi, Nissheneyra)