Completed
Case Information
Filed: March 11, 2026
Assigned to:
Mary Susan McElroy
Referred to:
Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: March 30, 2026
Last Activity:
March 30, 2026
Parties:
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Docket Entries
#1
Mar 11, 2026
Petition for Writ of Habeas Corpus-New Case
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Mar 11, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Wellington Cisneros-Rodrigues. 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 3/11/2026. (Simoncelli, Michael) (Entered: 03/11/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
#4
Mar 11, 2026
NOTICE of Appearance by Rachna Vyas on behalf of Patricia Hyde, Todd Lyons, Kristi Noem (Vyas, Rachna) (Entered: 03/11/2026)
Main Document:
Notice of Appearance
Mar 11, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Mar 11, 2026
Order
Mar 11, 2026
TEXT ORDER: The Government shall respond to 1 PETITION for Writ of Habeas Corpus on or before 3/17/2026. So Ordered by District Judge Mary S. McElroy on 3/11/2026. (Potter, Carrie)
Mar 11, 2026
Case Assigned/Reassigned
#5
Mar 17, 2026
Response in Opposition
Main Document:
Response in Opposition
Mar 25, 2026
Order AND ~Util - Add and Terminate Parties
Mar 25, 2026
TEXT ORDER: Pursuant to Fed. R. Civ. P. 25(d), Markwayne Mullin has been substituted for Kristi Noem as Secretary of the Department of Homeland Security in this action. So Ordered by District Judge Mary S. McElroy on 3/25/2026. (Simoncelli, Michael)
Mar 30, 2026
Order on Petition for Writ of Habeas Corpus
Mar 30, 2026
TEXT ORDER. Before the Court is Wellington Jose Cisneros-Rodrigues's petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) Upon review, the Court agrees with the Government 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. Cisneros-Rodrigues with a bond hearing before an Immigration Judgment pursuant to 8 U.S.C. § 1226(a) no sooner than 30 days from the date of this order. The Government is ordered to provide Mr. Cisneros-Rodrigues 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 specific reasons for that denial. So Ordered by District Judge Mary S. McElroy on 3/30/2026. (Potter, Carrie)
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