District of Rhode Island • 1:26-cv-00122

Abdulkhalek v. Nessigner

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Case Information

Filed: February 27, 2026
Assigned to: John James McConnell Jr.
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus (General)
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
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Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 27, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2248527.), filed by ABDULKHALEK Darwich.(West, George) (Entered: 02/27/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
Feb 27, 2026
Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. to Patricia A. Sullivan. (Perry, Frank) (Entered: 02/27/2026)
#3
Feb 27, 2026
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 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 Chief Judge John J. McConnell, Jr. on 2/27/2026. (Perry, Frank) (Entered: 02/27/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Feb 27, 2026
Case Assigned/Reassigned
#4
Mar 02, 2026
NOTICE of Appearance by Sandra R. Hebert on behalf of Todd Lyons, Kristi Noem, David Wesling (Hebert, Sandra) (Entered: 03/02/2026)
Main Document: Notice of Appearance
Mar 02, 2026
Order
Mar 02, 2026
TEXT ORDER: The respondents are hereby ordered to respond to the 1 PETITION for Writ of Habeas Corpus filed by Darwich Abdulkhalek on or before 3/10/26. So Ordered by Chief Judge John J. McConnell, Jr. on 3/2/2026. (Jackson, Ryan)
#5
Mar 04, 2026
RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2248527.) filed by All Defendants. Replies due by 3/11/2026. (Hebert, Sandra) (Entered: 03/04/2026)
Main Document: Response to Motion
#6
Mar 04, 2026
STATUS REPORT by Todd Lyons, Kristi Noem, David Wesling. (Bolan, Kevin) (Entered: 03/04/2026)
Main Document: Status Report
Mar 04, 2026
Order on Petition for Writ of Habeas Corpus
Mar 04, 2026
TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Abdulkhalek Darwich has filed a habeas petition under 28 U.S.C. § 2241, arguing that Immigrations and Customs Enforcement ("ICE") unlawfully revoked his Order of Supervision and re-detained him without providing him with notice of the reason for his re-detention, without affording him an informal interview explaining the reasoning behind his re-detention, and without giving him the opportunity to present evidence or contest the basis for his re-detention. ECF No. 1. In its Response, the Government concedes that the legal issues presented in Mr. Abdulkhalek's Petition are like those recently addressed by the Court in Hall v. Nessinger, No. 25-cv-667-JJM-PAS, 2026 WL 18583 (D.R.I. Jan. 2, 2026) and Singharath v. Wesling, No. 25-cv-668-MRD-AEM (D.R.I. Dec. 23, 2026). ECF No. 5 at 1. The Government also acknowledges that, should the Court apply the reasoning in Hall and Singharath, it would likely reach the same result in Mr. Abdulkhalek's case. Id.The Court finds that the reasoning provided in Hall and Singharath remains correct and, as such, finds that ICE violated its own regulations and Mr. Abdulkhalek's procedural due process rights when it revoked his Order of Supervision and re-detained him. Hall, 2026 WL 18583, at *7-9; see 8 C.F.R. § 241.13. Therefore, the Court GRANTS Mr. Abdulkhalek's Petition. ECF No. 1. The Government is hereby ORDERED: to release Abdulkhalek Darwich immediately under the conditions of his preexisting Order of Supervision. Per its request, the Government is permitted to transfer Mr. Abdulkhalek to the Boston ICE Field Office, located in Burlington, Massachusetts, for the sole purpose of allowing for the return of Mr. Abdulkhalek's property. ECF No. 5 at 2 n.2. However, effectuating this transfer shall not in any way impede Mr. Abdulkhalek's immediate release. The Government shall also file a status report no later than by 5 PM today, March 4, 2026, indicating that Mr. Abdulkhalek has been released. So Ordered by Chief Judge John J. McConnell, Jr. on 3/4/2026. (Jackson, Ryan)
#7
Mar 12, 2026
Judgment
Main Document: Judgment