Completed
Case Information
Filed: April 14, 2026
Assigned to:
Melissa R. Dubose
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 16, 2026
Last Activity:
April 16, 2026
Parties:
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Docket Entries
#1
Apr 14, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2265526.), filed by Juan Vicente Umana Esquivel. (Attachments: # 1 Exhibit 1)(McCaffrey, Ann) (Entered: 04/14/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Apr 14, 2026
Civil Cover Sheet filed by Juan Vicente Umana Esquivel. Regarding New Case: 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2265526.) . (McCaffrey, Ann) (Entered: 04/14/2026)
Main Document:
Civil Cover Sheet
#4
Apr 14, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Juan Vicente Umana Esquivel. 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 Melissa R. DuBose on 4/14/2026. (Simoncelli, Michael) (Entered: 04/14/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Apr 14, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
Apr 14, 2026
Case Assigned/Reassigned
Apr 15, 2026
TEXT ORDER: The Government is directed to respond to 1 Petition for Writ of Habeas Corpus by Friday, April 17, 2026 by 12:00pm. So Ordered by District Judge Melissa R. DuBose on 4/15/2026. (Urizandi, Nissheneyra)
Apr 15, 2026
Order
#5
Apr 16, 2026
RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2265526.) filed by Todd Blanche, Department of Homeland Security, Executive Office For Immigration Review, Markwayne Mullin, David T. Wesling. Replies due by 4/23/2026. (Lowell, Christine) (Entered: 04/16/2026)
Main Document:
Response to Motion
#6
Apr 16, 2026
JUDGMENT entered granting Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 4/16/2026. (Urizandi, Nissheneyra) (Entered: 04/16/2026)
Main Document:
Judgment
Apr 16, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued detention by immigration officials is unlawful, and that he must be released or given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The Government responded that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and that he is not entitled to release or a bond hearing. Upon review of the parties' papers, the exhibits attached thereto, and the applicable law, the Court finds that Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and is entitled to a bond hearing under § 1226(a). See Mendes v. Hyde, No. 25-CV-627-JJM-AEM, 2025 WL 3496546, at *3 (D.R.I. Dec. 5, 2025). Therefore, the instant Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner TODAY (April 16, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, April 16, 2026. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 4, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. Finally, the Court ORDERS the Government to file a status report within two days of Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by District Judge Melissa R. DuBose on 4/16/2026. (Urizandi, Nissheneyra)
Apr 16, 2026
Order on Petition for Writ of Habeas Corpus
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