District of Rhode Island • 1:26-cv-00275

#1

May 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2273968.), filed by Jose Daniel Santos Barrack. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 05/04/2026)

#3

May 04, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Jose Daniel Santos Barrack. 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 5/4/2026. (Simoncelli, Michael) (Entered: 05/04/2026)

#4

May 04, 2026

EXHIBIT IN SUPPORT by Jose Daniel Santos Barrack in support of 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2273968.) . (Hurvich, Carl) (Entered: 05/04/2026)

May 04, 2026

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

May 04, 2026

Case Assigned/Reassigned

May 05, 2026

Order

May 05, 2026

TEXT ORDER: The government shall respond to the Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) by Thursday, May 7, 2026 at 5:00pm. So Ordered by District Judge Melissa R. DuBose on 5/5/2026. (Urizandi, Nissheneyra)

#5

May 06, 2026

Proposed Sealed Document

#6

May 06, 2026

Exhibit

#7

May 07, 2026

Judgment

May 07, 2026

TEXT ORDER granting 5 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 5/7/2026. (Urizandi, Nissheneyra)

May 07, 2026

Order on Motion to Seal

May 07, 2026

Order on Petition for Writ of Habeas Corpus

May 07, 2026

TEXT ORDER: Petitioner 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 to the Petition stating 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 (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 (May 7, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, May 7, 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 5/7/2026. (Urizandi, Nissheneyra)