District of Rhode Island • 1:26-cv-00224

#1

Apr 20, 2026

PETITION for Writ of Habeas Corpus, filed by Saengphachan Souvannarath. (Attachments: # 1 Exhibits, # 2 Envelope) (Gonzalez Gomez, Viviana) (Entered: 04/20/2026)

#2

Apr 20, 2026

MOTION for Leave to Proceed in forma pauperis Because of Indigency filed by Saengphachan Souvannarath. (Attachments: # 1 Envelope)(Gonzalez Gomez, Viviana) (Entered: 04/20/2026)

#3

Apr 20, 2026

ORDER : 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 4/20/2026. (Potter, Carrie) (Entered: 04/20/2026)

Apr 20, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

Apr 20, 2026

Case Assigned/Reassigned

#4

Apr 21, 2026

MOTION to Change Venue Transfer filed by All Defendants. Responses due by 5/5/2026. (Attachments: # 1 Exhibit A)(Kane, Leslie) (Entered: 04/21/2026)

#5

Apr 27, 2026

NOTICE of Appearance by Amy Retsinas Romero on behalf of Saengphachan Souvannarath (Romero, Amy) (Entered: 04/27/2026)

#6

Apr 27, 2026

RESPONSE In Opposition to 4 MOTION to Change Venue Transfer filed by Saengphachan Souvannarath. Replies due by 5/4/2026. (Romero, Amy) (Entered: 04/27/2026)

#7

Apr 27, 2026

NOTICE of Appearance by Leslie J. Kane on behalf of Pamela Bondi, Todd M. Lyons, Michael Nessinger, Kristi Noem, Frank T. Padula (Kane, Leslie) (Entered: 04/27/2026)

Apr 27, 2026

TEXT ORDER. The Respondent's Motion to Transfer Venue (ECF No. 4 ) is DENIED. Under the prisoner mailbox rule, a pro se prisoner's court pleading is deemed filed on the date the petitioner is deposited in the prison's internal mail system. Morales-Rivera v. United States, 184 F.3d 109, 110-11 (1st Cir. 1999). Here, the Petitioner, Saengphachan Souvannarath, signed his Petition on April 13, 2026, had it notarized on April 14, 2026, and postmarked on April 15, 2026, all while he was detained at the Wyat Detention Facility in the District of Rhode Island. On April 17, two days after the effective filing date, the Respondents transferred the Petitioner to Louisiana. But this Court had jurisdiction when the Petition was filed and retains it now. See Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004). Accordingly, the Respondents are ORDERED to transfer the Petitioner back to the Wyatt Detention Facility in Central Falls, Rhode Island, no later than 10 days from the date of this Order. See Ozturk v. Trump, 779 F. Supp. 3d 462, 495-96 (D. Vt. 2025) (ordering petitioner's return to Vermont after her transfer to a detention facility in Louisiana), affd, 136 F.4th 382, 402-03 (2d Cir. 2025).Further, the Respondents are ORDERED to respond to the Petition by 4/30/2026. So Ordered by District Judge Mary S. McElroy on 4/27/2026. (Potter, Carrie)

Apr 27, 2026

Order on Motion to Change Venue

#8

Apr 29, 2026

RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus filed by All Defendants. Replies due by 5/6/2026. (Attachments: # 1 Exhibit Travel Documents, # 2 Exhibit Notice of Custody Review)(Kane, Leslie) (Entered: 04/29/2026)

Apr 30, 2026

In Chambers Conference

Apr 30, 2026

Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 4/30/2026. L. Kane and M. Weizenbaum in attendance. (Potter, Carrie)

Apr 30, 2026

NOTICE of Hearing: In Chambers Conference set for 4/30/2026 at 10:45 AM via teleconference before District Judge Mary S. McElroy. Clerk will initiate call with counsel. (Potter, Carrie)

Apr 30, 2026

Notice of Hearing (Form Attached)

May 01, 2026

Order

May 01, 2026

TEXT ORDER : In order for Petitioner to have the opportunity to confer with his counsel, Petitioner will have until May 15, 2026, to file a reply to the Government's Response. The Court's Text Order on April 27, 2026, ordering Respondents to transfer Petitioner to Wyatt Detention Facility within ten days (on or before May 7, 2026), remains in effect. Once Respondents return Petitioner to Rhode Island, the Court's April 20, 2026 Order (ECF 3 ) remains in effect, requiring at least 72 hours' advance notice of any move and the reason therefore, such 72 hours not to commence prior to Petitioners arrival at Wyatt Detention Facility. Because Petitioner is in Respondents' custody, including anticipated time in transit from Louisiana to Rhode Island, and his counsel will be unable to communicate directly with him, Respondents are ordered to provide copies of all pleadings and court notices and orders, filed on or after April 29, 2026, to Petitioner directly, no more than twenty-four hours after filing. So Ordered by District Judge Mary S. McElroy on 5/1/2026. (Potter, Carrie)

#9

May 04, 2026

Mail sent to Saengphachan Souvannarath returned as undeliverable re: ECF 3 Order and a copy of the public docket. (Gonzalez Gomez, Viviana) (Entered: 05/04/2026)

#10

May 08, 2026

STATUS REPORT Re Complaince With Transfer to RI by All Defendants. (Attachments: # 1 Exhibit Incident Report)(Kane, Leslie) (Entered: 05/08/2026)

#11

May 14, 2026

MOTION for an Extension of Time to File Response/Reply filed by Saengphachan Souvannarath. Responses due by 5/28/2026. (Romero, Amy) (Entered: 05/14/2026)

#12

May 15, 2026

NOTICE by Michael Nessinger Of Intent to Remove Petitioner (Kane, Leslie) (Entered: 05/15/2026)

May 15, 2026

Order on Motion for Extension of Time to File Response/Reply

May 15, 2026

TEXT ORDER granting 11 Motion for Extension of Time to File Response/Reply. The petition shall have up to and including Friday, May 29, 2026, to file either a reply or an Amended Petition. So Ordered by District Judge Mary S. McElroy on 5/15/2026. (Potter, Carrie)

May 18, 2026

NOTICE of Hearing on Petition for Writ of Habeas Corpus (ECF No. 1 ) [on Zoom]. The Court orders a brief hearing to determine if there is any other information relevant to its consideration of whether to order a bond hearing and, if so, whether to order release pending that hearing. Motion Hearing set for 5/20/2026 at 12:00 pm via Zoom before District Judge Mary S. McElroy. (Meeting ID: 165 165 5814; Passcode: 157237) (Potter, Carrie)

May 18, 2026

Notice of Hearing on Motion

#13

May 19, 2026

First MOTION to Seal Filed. (Attachments: # 1 Proposed Sealed Document ECF 8)(Kane, Leslie) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 05/19/2026)

#14

May 19, 2026

EXHIBIT IN SUPPORT by All Defendants in support of 8 Response to Motion, . (Attachments: # 1 Exhibit C)(Kane, Leslie) (Entered: 05/19/2026)

May 20, 2026

TEXT ORDER : The petitioner shall have up to and including June 4, 2026, to file either a reply or an Amended Petition. So Ordered by District Judge Mary S. McElroy on 5/20/2026. (Potter, Carrie)

May 20, 2026

Order on Motion to Seal

May 20, 2026

TEXT ORDER granting 13 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 5/20/2026. (Potter, Carrie)

May 20, 2026

Order

May 20, 2026

Motion Hearing

May 20, 2026

TEXT ORDER. The Respondents are ORDERED not to transfer or remove the Petitioner until resolution of the instant Petition for a Writ of Habeas. Further, over the Respondents' objection, the Court ORDERS that the Respondents produce to this Court and to Petitioner's counsel by the close of business on Wednesday May 27, 2026, the notice to the Petitioner for him to appear at the hearing that led to the final order of removal. So Ordered by District Judge Mary S. McElroy on 5/20/2026. (Potter, Carrie)

May 20, 2026

Minute Entry for proceedings held before District Judge Mary S. McElroy: Chambers Conference held on 5/20/2026 re 1 PETITION for Writ of Habeas Corpus filed by Saengphachan Souvannarath: A. Romero and L. Kane in attendance. (Potter, Carrie)

#16

May 21, 2026

STATUS REPORT Compliance with 2025.5.20 Court Order by All Defendants. (Attachments: # 1 Exhibit E - NTA for 2006.2.19)(Kane, Leslie) (Entered: 05/21/2026)

#17

May 27, 2026

STATUS REPORT Supplemental by All Defendants. (Attachments: # 1 Exhibit F - NTA)(Kane, Leslie) (Entered: 05/27/2026)

#18

Jun 04, 2026

AMENDED COMPLAINT /Petition for Writ of Habeas Corpus against Pamela Bondi, Todd M. Lyons, Michael Nessinger, Kristi Noem, Frank T. Padula, David Wesling, filed by Saengphachan Souvannarath. (Attachments: # 1 Exhibit A - Revocation Notice, # 2 Exhibit B - Informal Interview, # 3 Exhibit C - Custody Redetermination Order)(Romero, Amy) (Entered: 06/04/2026)

#19

Jun 05, 2026

MOTION for an Extension of Time to File Response/Reply as to 18 Amended Complaint, filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Frank T. Padula, David Wesling. Responses due by 6/22/2026. (Kane, Leslie) (Entered: 06/05/2026)

Jun 05, 2026

TEXT ORDER. This matter is brought under 28 USC 2243 which requires the Court to either grant the petition or issue an order to the respondents "forthwith" to show cause why the petition should not be granted. The respondents are therefore ordered to show cause by June 9, 2026, as to why this petition should not be granted. So Ordered by District Judge Mary S. McElroy on 6/5/2026. (Potter, Carrie)

Jun 05, 2026

Order

Jun 09, 2026

Order on Motion for Extension of Time to File Response/Reply

Jun 09, 2026

TEXT ORDER granting 19 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines: 18 PETITION for Writ of Habeas Corpus - Responses due by 6/16/2026. So Ordered by District Judge Mary S. McElroy on 6/9/2026. (Potter, Carrie)

#20

Jun 16, 2026

RESPONSE In Opposition to 19 MOTION for an Extension of Time to File Response/Reply as to 18 Amended Complaint, filed by All Defendants. Replies due by 6/23/2026. (Attachments: # 1 Exhibit 2019 OSUP, # 2 Exhibit Declaration, # 3 Exhibit Delegation Memo)(Kane, Leslie) (Entered: 06/16/2026)

#21

Jun 18, 2026

Assented MOTION for an Extension of Time to File Response/Reply as to 20 Response to Motion, filed by Saengphachan Souvannarath. Responses due by 7/2/2026. (Romero, Amy) (Entered: 06/18/2026)

Jun 22, 2026

Order on Motion for Extension of Time to File Response/Reply

Jun 22, 2026

TEXT ORDER granting 21 Motion for Extension of Time to File Response/Reply. Responses due by 7/2/2026. So Ordered by District Judge Mary S. McElroy on 6/22/2026. (Potter, Carrie)

#22

Jul 02, 2026

REPLY to Response re 20 Response to Motion, filed by Saengphachan Souvannarath. (Romero, Amy) (Entered: 07/02/2026)

#23

Jul 09, 2026

MOTION to Expedite Hearing and Lift Stay of Removal filed by All Defendants. Responses due by 7/23/2026. (Kane, Leslie) (Entered: 07/09/2026)

#24

Jul 22, 2026

Writ of Habeas Corpus for 9/2/2026 as to Saengphachan Souvannarath to Department of Homeland Security and any other appropriate federal law enforcement officer. (Potter, Carrie) (Entered: 07/22/2026)

#25

Jul 22, 2026

RESPONSE In Opposition to 23 MOTION to Expedite Hearing and Lift Stay of Removal filed by Saengphachan Souvannarath. Replies due by 7/29/2026. (Attachments: # 1 Exhibit Declaration of Chanida Phaengdara Potter)(Romero, Amy) (Entered: 07/22/2026)

Jul 22, 2026

Notice of Hearing on Motion

Jul 22, 2026

NOTICE of Hearing on Motion 1 PETITION for Writ of Habeas Corpus : Motion Hearing set for 9/2/2026 at 11:30 AM in Courtroom 2 before District Judge Mary S. McElroy. (Potter, Carrie)

#26

Aug 27, 2026

NOTICE of Appearance by Juan Esteban Bedoya on behalf of Saengphachan Souvannarath (Bedoya, Juan) (Entered: 08/27/2026)

Sep 02, 2026

Waiver of Transcript Fees

Sep 02, 2026

Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 9/2/2026 re 1 PETITION for Writ of Habeas Corpus: A. Romero, J. Budoya and L. Kane in attendance. Court questions; parties respond. Arguments heard. Oral Motion to Waive Transcript Fees. Court orders the petitioner released immediately. Homeland Security must provide 48 hours notice of intention to re-detention. Order to enter. Recess. (Court Reporter A. Derham in Courtroom 2 at 11:30 am.) (Potter, Carrie)

Sep 02, 2026

Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion to Expedite AND Order on Petition for Writ of Habeas Corpus

Sep 02, 2026

Motion Hearing

Sep 02, 2026

Oral Motion for Waiver of Transcript Fees for proceedings held on 9/2/2026 before District Judge Mary S. McElroy. filed by Saengphachan Souvannarath. Responses due by 9/16/2026. (Potter, Carrie)

Sep 02, 2026

TEXT ORDER. The Petition for Writ of Habeas Corpus (ECF No. 18 ) is GRANTED. Pursuant to the Court's order from the bench, the Petitioner is to be immediately released, subject to the conditions of his preexisting Order of Supervision. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. Respondents are ordered not to re-detain the Petitioner without first providing 48 hours advance notice to Petitioner, his Counsel, and the Court. This notice must adequately inform the Petitioner of the reason for his re-detention, and must include a valid, authenticated travel document for the country to which he is to be deported. Respondents are ordered not to transfer the Petitioner outside this district unless they have provided 72 hours notice of their intention to both the Court and to the Petitioner's counsel. So Ordered by District Judge Mary S. McElroy on 9/2/2026. (Potter, Carrie)

Sep 09, 2026

TEXT ORDER granting ORAL Motion for Waiver of Transcript Fees. Petitioner must file a completed Transcript Order Form to obtain transcript. So Ordered by District Judge Mary S. McElroy on 9/9/2026. (Potter, Carrie)

Sep 09, 2026

Order on Motion for Transcript Order Without Payment of Fee

#28

Sep 11, 2026

TRANSCRIPT ORDER for proceedings held on September 2, 2026 before Judge Judge McElroy. Expedited Transcript selected. Transcript to be delivered within 7 calendar days.. (Romero, Amy) (Entered: 09/11/2026)

#29

Sep 15, 2026

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: Order on Motion for Waiver of Transcript Fees, 28 Transcript Order. Court Reporter/Transcriber: Adam Derham. (Dias, Jennifer) (Entered: 09/15/2026)

#30

Sep 18, 2026

TRANSCRIPT of Habeas Corpus - Alien held on 09/02/2026 before Judge Mary S. McElroy. Court Reporter Adam M. Derham, Telephone number 401.752.7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/9/2026. Redacted Transcript Deadline set for 10/19/2026. Release of Transcript Restriction set for 12/17/2026. (Derham, Adam) (Entered: 09/18/2026)