District of Rhode Island • 1:26-cv-00294

#1

May 08, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2276780.), filed by Oluwasegun Sanni.(Keith, Michelle) (Entered: 05/08/2026)

#3

May 08, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Oluwasegun Sanni. 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. (Gonzalez Gomez, Viviana) (Entered: 05/08/2026)

#4

May 08, 2026

Civil Cover Sheet filed by Oluwasegun Sanni. Regarding New Case: Corrective Docket Entry, Michelle A. Keith. (Keith, Michelle) (Entered: 05/08/2026)

May 08, 2026

TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/11/2026 by 12:00 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

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

May 08, 2026

Order

May 08, 2026

Corrective Docket Entry

May 08, 2026

Case Assigned/Reassigned

May 08, 2026

CORRECTIVE DOCKET ENTRY: This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet not attached. The filer is directed to file a Civil Cover Sheet within one day. (Gonzalez Gomez, Viviana)

#5

May 09, 2026

Assented MOTION for an Extension of Time to File Response/Reply as to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2276780.) filed by Todd Blanche, Patricia Hyde, Todd Lyons, Markwayne Mullins, David Wesling. Responses due by 5/26/2026. (Simoncelli, Michael) (Entered: 05/09/2026)

May 11, 2026

TEXT ORDER granting 5 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines: 1 Emergency PETITION for Writ of Habeas Corpus Responses due by 5/13/2026 by 2:00 pm.. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)

May 11, 2026

Order on Motion for Extension of Time to File Response/Reply

#6

May 13, 2026

Response to Motion

#7

May 19, 2026

Status Report

#8

May 20, 2026

Continue

#9

May 20, 2026

Continue

May 22, 2026

TEXT ORDER granting 9 Motion to Continue. Replies due 5/30/2026. So Ordered by District Judge Mary S. McElroy on 5/22/2026. (Potter, Carrie)

May 22, 2026

Order on Motion to Continue

#10

May 30, 2026

Reply Memorandum

Jun 05, 2026

TEXT ORDER. Before the Court is Oluwasegun Farak Sanni's Petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) Mr. Sanni is in immigration custody after an immigration judge denied bond, finding him to be a danger to the community. Mr. Sanni argues that the immigration judge violated his rights under the Due Process Clause of the Fifth Amendment by relying on an uncorroborated police report. To succeed on this claim, Mr. Sanni "can either point to the language of the immigration judge's opinion or demonstrate that the evidence itself could notas a matter of lawhave supported' the immigration judges decision to deny bond." Diaz Ortiz v. Smith, 384 F.Supp.3d 140, 143 (D. Mass. 2019) (quoting Hechavarria v. Whitaker, 358 F.Supp. 3d 227, 240 (W.D.N.Y. 2019). The Court agrees with Mr. Sanni and finds that the government's evidence was insufficient to result in a denial of bond in accordance with due process. To lawfully detain Mr. Sanni based on a finding of dangerousness, the government had the burden of proving "by clear and convincing evidence that [he] poses a danger to the community." Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021). But an uncorroborated police report cannot, alone, be "clear and convincing evidence sufficient for a finding of dangerousness." Alvarez Puerta v. Nessinger, No. 1:25-cv-108-JJM-AEM (D.R.I. June 17, 2025); cf. Rosa v. Garland, 114 F.4th 1, 17 (1st Cir. 2024) (finding, in the context of hearings concerning adjustment of status, that "the agency may not give 'substantial weight' to a police report in the absence of 'a conviction or corroborating evidence of the allegations contained' in the report") (quoting In Re Arreguin De Rodriguez, 21 I. & N. Dec. 38, 42 (BIA 1995)). The Court also finds that the government did not meet its burden that Mr. Sanni is a flight risk as it presented no evidence to that effect. Therefore, the evidenceas a matter of lawis insufficient to deny Mr. Sanni bond. See Diaz Ortiz, 384 F. Supp at 143. Given the due process violations implicated in this case, the Petition for Writ of Habeas Corpus is therefore GRANTED, and the Respondents shall immediately release Petitioner subject to reasonable conditions of supervision. The Respondents may transfer the Petitioner to effectuate his release consistent with this Order. So Ordered by District Judge Mary S. McElroy on 6/5/2026. (Potter, Carrie)

Jun 05, 2026

Order on Petition for Writ of Habeas Corpus