District of Rhode Island • 1:26-cv-00270
Gomes de Oliveira v. Nessinger
Completed
Case Information
Filed: May 01, 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: May 15, 2026
Last Activity:
May 15, 2026
Parties:
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Docket Entries
#1
May 01, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2273056.), filed by Adriano Gomes de Oliveira. (Attachments: # 1 Supplement Identifier Statement, # 2 Civil Cover Sheet Civil Cover Sheet)(Rougeau, Alexander) (Entered: 05/01/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
May 01, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Adriano Gomes de Oliveira. 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 5/1/2026. (Gonzalez Gomez, Viviana) (Entered: 05/01/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 01, 2026
Case Assigned/Reassigned
May 01, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
May 01, 2026
TEXT ORDER: The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/6/2026 by 12:00 pm. The Government is ordered to include in its reply any and all information in its possession or in the possession of its clients that relates to the issues necessary to a determination of bond. Specifically, but not limited to, any criminal history, outstanding warrants, or extradition orders. So Ordered by District Judge Mary S. McElroy on 5/1/2026. (Potter, Carrie)
May 01, 2026
Order
#3
May 06, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
May 06, 2026
Order on Motion for Extension of Time to File Response/Reply
#4
May 08, 2026
Response to Motion
Main Document:
Response to Motion
#5
May 08, 2026
Seal
Main Document:
Seal
May 12, 2026
Order on Motion to Seal
May 15, 2026
TEXT ORDER. Before the Court is Adriano Gomez de Oliveira's Petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) Upon review, the Court agrees with the Respondents 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 Petitioner's habeas Petition (ECF No. 1 ) as follows. The Respondents are ORDERED to provide the Petitioner with a bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) no later than seven (7) days from the date of this order. The Respondents are ordered to provide the Petitioner and his attorney with adequate notice of the date and time of that hearing. Finally, the Court ORDERS the Respondents to file a status report within five days of the Petitioner's 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 5/15/2026. (Potter, Carrie)
May 15, 2026
Order on Petition for Writ of Habeas Corpus
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