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

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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)

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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)

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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

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Apr 21, 2026

Change Venue

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Apr 27, 2026

Notice of Appearance

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Apr 27, 2026

Response to Motion

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Apr 27, 2026

Notice of Appearance

Apr 27, 2026

Order on Motion to Change Venue

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)

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Apr 29, 2026

Response to Motion

Apr 30, 2026

Notice of Hearing (Form Attached)

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)

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)

May 01, 2026

Order

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May 04, 2026

Mail Returned

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May 08, 2026

Status Report

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May 14, 2026

Extension of Time to File Response/Reply

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May 15, 2026

Notice (Other)

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 15, 2026

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

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

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May 19, 2026

Seal

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May 19, 2026

Exhibit in Support

May 20, 2026

Order on Motion to Seal

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

Motion Hearing

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)

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

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

Order

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May 21, 2026

Status Report

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May 27, 2026

Status Report

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Jun 04, 2026

Amended Complaint

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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

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Jun 16, 2026

Response to Motion

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Jun 18, 2026

Extension of Time to File Response/Reply

Jun 22, 2026

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