District of Rhode Island • 1:26-cv-00295

Pun v. Wesling

Completed

Case Information

Filed: May 09, 2026
Assigned to: Melissa R. Dubose
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 12, 2026
Last Activity: May 12, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11731773 Fee status: Filing Fee paid., filed by Gayas Pun. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Daoud, Verona) (Currie, Haley). Modified on 5/8/2026: # 3 Petition added because of lack of signature at original filing (Currie, Haley). (Entered: 05/08/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
Attachment 1: Category Form
Attachment 2: Civil Cover Sheet
Attachment 3: Petition
#2
May 08, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (MBM) (Entered: 05/08/2026)
#3
May 08, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 05/08/2026)
Main Document: Order
#4
May 08, 2026
District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than May 15, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/08/2026)
Main Document: Order
#5
May 08, 2026
Copies of the following were mailed to David Wesling, Todd Lyons and Markwayne Mullin on 5/8/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/08/2026)
#6
May 08, 2026
First MOTION to Transfer Case to Rhode Island. by Gayas Pun.(Daoud, Verona) (Entered: 05/08/2026)
Main Document: Transfer Case
#7
May 08, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered.The petitioner's motion to transfer venue, ECF 6, is GRANTED. The Court understands the petitioner to concede that he was transferred from Massachusetts to Rhode Island before the filing of his habeas petition on May 8, 2026. ECF 6, ¶ 1. On that basis, the Court determines that the interests of justice are best served by transferring this action to the District of Rhode Island pursuant to 28 U.S.C. § 1406(a). (Currie, Haley) (Entered: 05/08/2026)
#8
May 08, 2026
Case transferred to the District of Rhode Island - Original file with documents numbered 1-7, certified copy of transfer order and docket sheet sent to Clerk in that district. (Currie, Haley) (Entered: 05/08/2026)
May 08, 2026
Public Docket Note
May 08, 2026
Order on Motion to Transfer Case
May 08, 2026
Case Transferred Out - District
May 08, 2026
Notice (Other)
#9
May 09, 2026
Case transferred in from District of Massachusetts; Case Number 1:26-cv-12103. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) through PACER.gov (Entered: 05/09/2026)
Main Document: Case Transferred In - District Transfer
#10
May 09, 2026
ORDER re 1 Petition for Writ of Habeas Corpus filed by Gayas Pun. 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 5/9/2026. (Simoncelli, Michael) (Entered: 05/09/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
#11
May 09, 2026
NOTICE of Appearance by Carl H. Hurvich on behalf of Gayas Pun (Hurvich, Carl) (Entered: 05/09/2026)
Main Document: Notice of Appearance
#12
May 09, 2026
Habeas Petition Identifier Statement filed by Gayas Pun. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 05/09/2026)
Main Document: Habeas
May 11, 2026
TEXT ORDER: The Respondents shall file a response to 1 Petition for Writ of Habeas Corpus by 5:00pm on Wednesday, May 13, 2026. So Ordered by District Judge Melissa R. DuBose on 5/11/2026. (Simoncelli, Michael)
May 11, 2026
Order
#13
May 12, 2026
Response to Motion
Main Document: Response to Motion
#14
May 12, 2026
JUDGMENT entered granting the Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 5/12/2026. (Urizandi, Nissheneyra) (Entered: 05/12/2026)
Main Document: Judgment
May 12, 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. ECF No. 1. The Court ORDERS the Government to release Petitioner TODAY (May 12, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, May 12, 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. 10, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioners 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 5/12/2026. (Urizandi, Nissheneyra)
May 12, 2026
Order