Completed
Case Information
Filed: March 19, 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 20, 2026
Last Activity:
March 20, 2026
Parties:
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Docket Entries
#1
Mar 19, 2026
Emergency PETITION for Writ of Habeas Corpus Immigration Detention ( Filing fee $ 5.00 receipt number ARIDC-2256133.), filed by Luan Victor Ribeiro Almeida. (Attachments: # 1 Civil Cover Sheet Habe - Civil Cover Sheet, # 2 Summonses) (Savage, Layne) (Entered: 03/19/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Mar 19, 2026
MOTION for Clarissa M. Kalil to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2256153 ) filed by Luan Victor Ribeiro Almeida. (Attachments: # 1 Exhibit Letters of Good Standing)(Savage, Layne) (Entered: 03/19/2026)
Main Document:
Appear Pro Hac Vice
#3
Mar 19, 2026
ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus Immigration Detention ( Filing fee $ 5.00 receipt number ARIDC-2256133.) filed by Luan Victor Ribeiro Almeida. 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 3/19/2026. (Gonzalez Gomez, Viviana) (Entered: 03/19/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Mar 19, 2026
Case Assigned/Reassigned
Mar 19, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
Mar 19, 2026
Order on Motion to Appear Pro Hac Vice
Mar 19, 2026
TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Clarissa M. Kalil. So Ordered by District Judge Mary S. McElroy on 3/19/2026. (Gonzalez Gomez, Viviana)
#5
Mar 20, 2026
NOTICE of Appearance by George M. Seaman on behalf of Pamela Bondi, Todd Lyons, Kristi Noem (Seaman, George) (Entered: 03/20/2026)
Main Document:
Notice of Appearance
#6
Mar 20, 2026
MOTION for an Extension of Time to File Response/Reply as to Order filed by Pamela Bondi, Todd Lyons, Kristi Noem. Responses due by 4/3/2026. (Seaman, George) (Entered: 03/20/2026)
Main Document:
Extension of Time to File Response/Reply
#7
Mar 20, 2026
Seal
Main Document:
Seal
Mar 20, 2026
Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 3/20/2026. C. Kalil, A. Hyatt and G. Seaman in attendance. Court extends deadlines for Government to 3:00 pm. (Recording via Teleconference at 12:00 pm.) (Potter, Carrie)
Mar 20, 2026
In Chambers Conference
Mar 20, 2026
NOTICE of Hearing: In Chambers Conference set for 3/20/2026 at 12:00 PM via telephone before District Judge Mary S. McElroy. Call-in instructions will be emailed to counsel. (Potter, Carrie)
Mar 20, 2026
Notice of Hearing (Form Attached)
Mar 20, 2026
TEXT ORDER: The Government is ordered to respond to 1 Second PETITION for Writ of Habeas Corpus on 3/20/2026 by 1:00 pm. So Ordered by District Judge Mary S. McElroy on 3/20/2026. (Potter, Carrie)
Mar 20, 2026
Order
Mar 20, 2026
Public Docket Note
Mar 20, 2026
Order on Motion for Extension of Time to File Response/Reply AND Order on Petition for Writ of Habeas Corpus
Mar 20, 2026
Order on Motion to Seal
Mar 20, 2026
DOCKET NOTE: Sealed audio exhibits received and maintained by the Clerk's Office. (Potter, Carrie)
Mar 20, 2026
TEXT ORDER. The Petitioner, Luan Victor Ribeiro-Almeida's, Petition for a Writ of Habeas Corpus (ECF NO. 1 ) is GRANTED. Because the Petitioner is held in civil immigration detention, not criminal custody, he is entitled under the Due Process Clause to safe conditions of confinement and may not be subjected to punitive or medically dangerous detention. See Youngberg v. Romeo, 457 U.S. 307, 322-24 (1982). The Verified Petition demonstrates that his continued detention poses a substantial risk of serious medical harm and has interfered with his ability to participate meaningfully in his removal proceedings, culminating in the March 12, 2026, hearing at which be became severely ill and began vomiting blood, causing the hearing to be interrupted and rescheduled. Under these circumstances, continued detention violates his due process rights. See Sallaj v. U.S. Immig. & Customs Enft, C.A. No. 20-167-JJM-LDA, 2020 WL 1975819, at *3 (D.R.I. Apr. 24, 2020) ([C]ivil immigration detainees can establish a due process violation by showing that a government official " 'knew, or should have known' of a condition that posed an excessive risk to health, and failed to take appropriate action.") (internal citations omitted). The Respondents shall immediately release the Petitioner from Wyatt Detention Center and facilitate the return of his property. The Government's Motion for Extension of Time is denied as moot. So Ordered by District Judge Mary S. McElroy on 3/20/2026. (Potter, Carrie)
Mar 20, 2026
TEXT ORDER granting 7 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 3/20/2026. (Potter, Carrie)
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