Completed
Case Information
Filed: April 09, 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: April 17, 2026
Last Activity:
April 17, 2026
Parties:
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Docket Entries
#1
Apr 09, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2263858.), filed by Juan Perez Chach. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Criminal Complaint, # 3 Exhibit Hearing Notice, # 4 Exhibit Leaked Email from Chief Immigration Judge, # 5 Appendix New York Times Article)(Andrade, Joceline) (Entered: 04/09/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Apr 09, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Juan Perez Chach. 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 4/9/2026. (Simoncelli, Michael) (Entered: 04/09/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Apr 09, 2026
Case Assigned/Reassigned
Apr 09, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Apr 10, 2026
TEXT ORDER: The Government is directed to respond to 1 PETITION for Writ on or before 4/14/26 by 12:00 pm. So Ordered by District Judge Mary S. McElroy on 4/10/2026. (Potter, Carrie)
Apr 10, 2026
Order
#4
Apr 13, 2026
Response to Motion
Main Document:
Response to Motion
Apr 17, 2026
Order on Petition for Writ of Habeas Corpus
Apr 17, 2026
TEXT ORDER. Before the Court is the Petitioner, Jaun Perez Chach's, Petition for habeas corpus under 28 U.S.C. § 2241 and his Motion for Immediate Release. (ECF Nos. 1 & 2 .) 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 Petition as follows. The Government is ORDERED to provide the Petitioner with a bond hearing before an Immigration Judge 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 the Petitioner 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 4/17/2026. (Potter, Carrie)
Parties
Perez Chach
Party
Wesling
Party