Completed
Case Information
Filed: May 05, 2026
Assigned to:
Melissa R. Dubose
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 07, 2026
Last Activity:
May 13, 2026
Parties:
View All Parties →
Docket Entries
#1
May 05, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2274631.), filed by Emran Akbari. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(O'Neil-Baker, Erin) (Entered: 05/05/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
May 05, 2026
MOTION for ERIN ONEIL-BAKER to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2274637 ) filed by Emran Akbari. (O'Neil-Baker, Erin) (Entered: 05/05/2026)
Main Document:
Appear Pro Hac Vice
#3
May 05, 2026
MOTION for Order to Show Cause filed by Emran Akbari. Responses due by 5/19/2026. (O'Neil-Baker, Erin) (Entered: 05/05/2026)
Main Document:
Show Cause
#4
May 05, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Emran Akbari. 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 5/5/2026. (Gonzalez Gomez, Viviana) (Entered: 05/05/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 05, 2026
Case Assigned/Reassigned
May 05, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
#6
May 06, 2026
Civil Cover Sheet filed by Emran Akbari. Regarding New Case: 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2274631.) . (O'Neil-Baker, Erin) (Entered: 05/06/2026)
Main Document:
Civil Cover Sheet
#7
May 07, 2026
RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2274631.) filed by All Defendants. Replies due by 5/14/2026. (Hebert, Sandra) (Entered: 05/07/2026)
Main Document:
Response to Motion
#8
May 07, 2026
JUDGMENT enters in accordance with the text order of 5/7/2026. So Ordered by District Judge Melissa R. DuBose on 5/7/2026. (Potter, Carrie) (Entered: 05/07/2026)
Main Document:
Judgment
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 within 14 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 at ECF No. 4 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. (Potter, Carrie)
May 07, 2026
Order on Motion to Appear Pro Hac Vice AND Order on Motion to Show Cause AND Order on Petition for Writ of Habeas Corpus
#9
May 13, 2026
Notice (Other)
Main Document:
Notice (Other)
Parties
Akbari
Party
Nessinger
Party