District of Rhode Island • 1:26-cv-00302
Silva De Carvalho v. Nessigner
Active
Case Information
Filed: May 13, 2026
Assigned to:
Mary Susan McElroy
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 25, 2026
Parties:
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Docket Entries
#1
May 13, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2278817.), filed by LERI SILVA DE CARVALHO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Hurvich, Carl) (Entered: 05/13/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
May 13, 2026
Habeas Petition Identifier Statement filed by Leri Silva De Carvalho. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 05/13/2026)
Main Document:
Habeas
#3
May 13, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Leri Silva De Carvalho. 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 5/13/2026. (Simoncelli, Michael) (Entered: 05/13/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 13, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
May 13, 2026
Case Assigned/Reassigned
#4
May 14, 2026
NOTICE of Appearance by Andrea Lena Hyatt on behalf of Todd Blanche, Todd M Lyons, Markwayne Mullin, David T. Wesling (Hyatt, Andrea) (Entered: 05/14/2026)
Main Document:
Notice of Appearance
May 18, 2026
Order
#5
May 22, 2026
RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2278817.) filed by Todd Blanche, Todd M Lyons, Markwayne Mullin, David T. Wesling. Replies due by 5/29/2026. (Attachments: # 1 Exhibit Exhibits A -F)(Hyatt, Andrea) (Entered: 05/22/2026)
#6
May 22, 2026
MOTION to Seal Exhibit Filed. (Hyatt, Andrea) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 05/22/2026)
Main Document:
Seal
Jun 01, 2026
TEXT ORDER granting 6 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 6/1/2026. (Potter, Carrie)
Jun 01, 2026
Order on Motion to Seal
Jun 11, 2026
Order on Petition for Writ of Habeas Corpus
Jun 11, 2026
TEXT ORDER. Before the Court is Leri Silva De Carvalho's Petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1.) Upon review, the Court finds 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. The Court ORDERS Petitioner's continued detention pending a bond hearing. Finally, the Court ORDERS the Respondents to file a status report within two (2) days 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 6/11/2026. (Simoncelli, Michael)
#7
Jun 17, 2026
Status Report
Main Document:
Status Report
Jun 22, 2026
Order
Jun 22, 2026
TEXT ORDER. The Respondents are directed to file with the court a notice stating "the specific reasons for" the denial of bond as originally ordered by this Court on June 11, 2026. The government's response, and the immigration law judge's filing simply restates the law without any detail. In addition, the respondents are ordered to provide the Court with any and all written orders of the immigration judge and a transcript or recording of the hearing held on June 16, 2026. All ordered materials are to be provided to the Court on or before Friday June 26, 2026. So Ordered by District Judge Mary S. McElroy on 6/22/2026. (Potter, Carrie)
#8
Jun 25, 2026
Status Report
Main Document:
Status Report
#9
Jun 25, 2026
Seal
Main Document:
Seal
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