District of Rhode Island • 1:26-cv-00282

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May 05, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2274645.), filed by Julio Cesar Souza De Jesus. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Da Cruz, Jacinda) (Entered: 05/05/2026)

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May 05, 2026

ORDER re 1 First PETITION for Writ of Habeas Corpus filed by Julio Cesar Souza De Jesus. 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 5/5/2026. (Simoncelli, Michael) (Entered: 05/05/2026)

May 05, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

May 05, 2026

Case Assigned/Reassigned

May 06, 2026

TEXT ORDER : The Government is directed to respond to First PETITION for Writ of Habeas Corpus on or before 5/11/2026. So Ordered by District Judge Mary S. McElroy on 5/6/2026. (Potter, Carrie)

May 06, 2026

Order

May 07, 2026

Amended TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/11/2026. 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 5/7/2026. (Potter, Carrie)

May 07, 2026

Order

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May 08, 2026

Response to Motion

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May 13, 2026

Reply to Response

Jun 11, 2026

Order on Petition for Writ of Habeas Corpus

Jun 11, 2026

TEXT ORDER. Before the Court is Julio Cesar Souza De Jesus' Petition for habeas corpus under 28 U.S.C. § 2241. Mr. Souza De Jesus' classification pursuant to § 1226 and a violation of due process rights supports a finding of unconstitutional detention. 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.) 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 sooner than thirty (30) 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. Further, the Court ORDERS the Respondents to release the Petitioner immediately pending the bond hearing. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. The Respondents shall set minimal release conditions that will reasonably assure the Petitioner's appearance at the bond hearing. Finally, the Court ORDERS the Respondents to file a status report within two (2) 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 6/11/2026. (Simoncelli, Michael)