Completed
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
Completed: May 20, 2026
Last Activity:
July 08, 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
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)
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)
#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 Petition for Writ of Habeas Corpus (ECF No. 1 ) [on Zoom]. The Court orders a brief hearing to determine if there is any other information relevant to its consideration of whether to order a bond hearing and, if so, whether to order release pending that hearing. Motion Hearing set for 5/20/2026 at 11:50 AM via Zoom before District Judge Mary S. McElroy. (Meeting ID: 165 165 5814; Passcode: 157237) (Potter, Carrie)
May 18, 2026
Notice of Hearing on Motion
May 20, 2026
Order on Petition for Writ of Habeas Corpus
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)
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
Motion Hearing
#7
May 27, 2026
Attorney Fees
Main Document:
Attorney Fees
#8
May 27, 2026
Status Report
Main Document:
Status Report
#9
May 29, 2026
Enforce Judgment
Main Document:
Enforce Judgment
#10
Jun 01, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#11
Jun 01, 2026
Notice (Other)
Main Document:
Notice (Other)
Jun 01, 2026
Order on Motion for Extension of Time to File Response/Reply
#12
Jun 03, 2026
Response to Motion
Main Document:
Response to Motion
#13
Jun 03, 2026
Seal
Main Document:
Seal
#14
Jun 03, 2026
Seal
Main Document:
Seal
Jun 03, 2026
Order on Motion to Seal
Jun 03, 2026
Public Docket Note
#16
Jun 12, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#17
Jun 12, 2026
Reply to Response
Main Document:
Reply to Response
Jun 23, 2026
Order on Motion for Extension of Time to File Response/Reply
Jun 23, 2026
TEXT ORDER granting nunc pro tunc 16 Motion for Extension of Time to File Response/Reply. So Ordered by District Judge Mary S. McElroy on 6/23/2026. (Potter, Carrie)
Jun 23, 2026
TEXT ORDER. The Petitioner, Marcelo Martins Dias's, Motion to Enforce Judgment (ECF No. 9 ) is DENIED. Having reviewed the parties' submissions, including the audio recording of the petitioner's May 26, 2026, bond hearing, the Court concludes that the Immigration Judge's determination of dangerousnesswhich was largely based on a corroborated police reportwas not "legally insufficient." See Higiro v. Nessinger, No. 26-CV-105-JJM-AEM, 2026 WL 1329522, at *6 (D.R.I. May 13, 2026) ("It is permissible, for example, for an IJ to rely on a police reporteven if it does not result in a criminal convictionso long as the allegations contained therein are supported by corroborating evidence.") Having considered the medical records provided by both the Petitioner and the Government, the Court also concludes that the Petitioner has not demonstrated at this time that the care provided for his current medical condition is constitutionally insufficient. The Court thus DENIES the petitioners Motion to Enforce Judgment. So Ordered by District Judge Mary S. McElroy on 6/23/2026. (Potter, Carrie)
Jun 23, 2026
Order on Motion to Enforce Judgment
#18
Jul 08, 2026
Response to Motion
Main Document:
Response to Motion
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