District of Rhode Island • 1:26-cv-00227

#1

Apr 21, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2268001.), filed by Luis Ernesto Clavijo Caguana. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator 4.21.26)(Romero, Amy) (Entered: 04/21/2026)

#3

Apr 21, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luis Ernesto Clavijo Caguana. 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 4/21/2026. (Simoncelli, Michael) (Entered: 04/21/2026)

Apr 21, 2026

Order

Apr 21, 2026

TEXT ORDER: The Government is ordered to respond to the Petition for Writ of Habeas Corpus (ECF No. 1) no later than 12:00pm on Friday April 24, 2026. So Ordered by District Judge Melissa R. DuBose on 4/21/2026. (Simoncelli, Michael)

Apr 21, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)

Apr 21, 2026

Case Assigned/Reassigned

#4

Apr 22, 2026

RESPONSE In Opposition to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2268001.) filed by Todd Blanche, Patricia Hyde, Michael Krol, Todd Lyons, Markwayne Mullin, Michael Nessinger. Replies due by 4/29/2026. (Seaman, George) (Entered: 04/22/2026)

#5

Apr 22, 2026

MOTION for Sara Miron Bloom to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2268771 ) filed by Luis Ernesto Clavijo Caguana. (Romero, Amy) (Entered: 04/22/2026)

Apr 22, 2026

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Sara Miron Bloom. So Ordered by District Judge Melissa R. DuBose on 4/22/2026. (Hill, Cherelle)

Apr 22, 2026

Order on Motion to Appear Pro Hac Vice

#6

Apr 23, 2026

JUDGMENT entered granting Petitioner's Petition for Writ Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 4/23/2026. (Urizandi, Nissheneyra) (Entered: 04/23/2026)

Apr 23, 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 and not re-detained unless an individualized showing of dangerousness or risk of flight is shown in a constitutionally adequate proceeding. ECF No. 1 at 10. 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. ECF No. 4 at 2. 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 (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 23, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, April 23, 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. 3, 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 4/23/2026. (Urizandi, Nissheneyra)

Apr 23, 2026

Order on Petition for Writ of Habeas Corpus