Active
Case Information
Filed: May 08, 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
Active
Last Activity:
May 20, 2026
Parties:
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Docket Entries
#1
May 08, 2026
First PETITION for Writ of Habeas Corpus Immigration Detention ( Filing fee $ 5.00 receipt number ARIDC-2276282.), filed by Marcelo Martins Dias. (Attachments: # 1 Civil Cover Sheet Habe - Civil Cover Sheet, # 2 Summonses - Respondents)(Savage, Layne) (Entered: 05/08/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
May 08, 2026
MOTION for Clarissa M. Kalil to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2276389 ) filed by Marcelo Martins Dias. (Attachments: # 1 Exhibit Letters of Good Standing)(Savage, Layne) (Entered: 05/08/2026)
Main Document:
Appear Pro Hac Vice
#4
May 08, 2026
ORDER 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 5/8/2026. (Hill, Cherelle) (Entered: 05/08/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 08, 2026
Order
May 08, 2026
Case Assigned/Reassigned
May 08, 2026
Order on Motion to Appear Pro Hac Vice
May 08, 2026
TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/12/2026 by 2:00 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 5/8/2026. (Potter, Carrie)
May 08, 2026
TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Clarissa M. Kalil. So Ordered by District Judge Mary S. McElroy on 5/8/2026. (Hill, Cherelle)
May 08, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle)
#5
May 12, 2026
Response to Motion
Main Document:
Response to Motion
#6
May 12, 2026
Reply to Response
Main Document:
Reply to Response
May 18, 2026
Notice of Hearing on Motion
May 20, 2026
Motion Hearing
May 20, 2026
Order on Petition for Writ of Habeas Corpus
May 20, 2026
TEXT ORDER. Before the Court is Marcelo Martins Dias' 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) within seven (7) days 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 one (1) day 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 5/20/2026. (Potter, Carrie)
May 20, 2026
Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 5/20/2026 re 1 First PETITION for Writ of Habeas Corpus: G. Seaman, C. Kalil and L. Savage. Court addresses and questions the parties. Court to issue text order. Recess (Court Reporter D. Veitch in Courtroom Zoom at 11:55 am.) (Potter, Carrie)
Parties
Martins Dias
Party
Mullin
Party