District of Rhode Island • 1:26-cv-00099

#1

Feb 17, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2244411.), filed by Elisangela Iolanda da Costa. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Bond Denial)(Romero, Amy) (Entered: 02/17/2026)

#3

Feb 17, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Elisangela Iolanda da Costa. 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 2/17/2026. (Simoncelli, Michael) (Entered: 02/17/2026)

#4

Feb 17, 2026

MOTION to waive PHV admission fee filed by Elisangela Iolanda da Costa. Responses due by 3/3/2026. (Attachments: # 1 Binnall PHV Motion)(Romero, Amy) (Entered: 02/17/2026)

Feb 17, 2026

Case Assigned/Reassigned

Feb 17, 2026

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

#5

Feb 18, 2026

MOTION for Jacob Steven Binnall to Appear Pro Hac Vice filed by Elisangela Iolanda da Costa. (Potter, Carrie) (Entered: 02/18/2026)

#6

Feb 18, 2026

NOTICE by Pamela J. Bondi, Executive Office For Immigration Review, Todd Lyons, Kristi Noem, David Wesling re 3 ORDER - 72 Hour Habeas Order,,, Notice of Intent to Transfer Petitioner (Bolan, Kevin) (Entered: 02/18/2026)

Feb 18, 2026

Order

Feb 18, 2026

TEXT ORDER. The Respondents are ordered to respond to Mr. da Costa's Petition for Habeas Corpus on or before February 20, 2026. So Ordered by District Judge Mary S. McElroy on 2/18/2026. (Potter, Carrie)

Feb 18, 2026

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Jacob Steven Binnall. So Ordered by District Judge Mary S. McElroy on 2/18/2026. (Hill, Cherelle)

Feb 18, 2026

TEXT ORDER granting 4 MOTION to waive PHV admission fee . So Ordered by District Judge Mary S. McElroy on 2/18/2026. (Potter, Carrie)

Feb 18, 2026

Order on Motion for Miscellaneous Relief

Feb 18, 2026

Order on Motion to Appear Pro Hac Vice

#7

Feb 19, 2026

Response in Opposition

Feb 19, 2026

Order

Feb 19, 2026

TEXT ORDER. Because the Respondents' response to the Petition is not due until February 20, 2026, and to give time for to the Court to consider the response and rule on the Petition, the Respondents are ordered not to transfer the Petitioner before Monday, February 23, 2026, at 2:00 p.m. So Ordered by District Judge Mary S. McElroy on 2/19/2026. (Potter, Carrie)

Feb 20, 2026

Order on Petition for Writ of Habeas Corpus

Feb 20, 2026

TEXT ORDER. The Petitioner has filed a Verified Petition under 28 U.S.C. § 2241 alleging that the January 29, 2026, custody redetermination failed to comply with the burden allocation required by Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021), which mandates that in a detention proceeding under 8 U.S.C. § 1226(a) the Government bears the burden of proving flight risk by a preponderance of the evidence. The Verified Petition asserts that this constitutionally required burden was not applied. The Respondents' response does not present evidence to satisfactorily refute this verified statement or otherwise demonstrate that the Immigration Judge placed the burden on the Government consistent with Hernandez-Lara. Whether the correct burden was applied presents a constitutional question concerning whether the Immigration Judge applied the burden of proof required by Hernandez-Lara and is therefore not barred by 8 U.S.C. § 1226(e), which precludes review only of discretionary determinations. On the present record, the Court concludes that Petitioners continued detention is not supported by a constitutionally adequate bond determination. The Petition (ECF No. 1 ) is therefore GRANTED, and Petitioner shall be immediately RELEASED under reasonable conditions of supervision. So Ordered by District Judge Mary S. McElroy on 2/20/2026. (Potter, Carrie)