District of Rhode Island • 1:26-cv-00305

#1

May 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2279498.), filed by ADEMILTON EMIDIO DA SILVA BARCELOS,. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 05/14/2026)

#2

May 14, 2026

Habeas Petition Identifier Statement filed by ADEMILTON EMIDIO DA SILVA BARCELOS,. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 05/14/2026)

#3

May 14, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Ademilton Emidio Da Silva Barcelos. 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 5/14/2026. (Simoncelli, Michael) (Entered: 05/14/2026)

May 14, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

May 14, 2026

Case Assigned/Reassigned

May 15, 2026

Order

May 15, 2026

TEXT ORDER: The Government shall respond to the Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, by the close of business day on Tuesday, May 19, 2026. So Ordered by District Judge Melissa R. DuBose on 5/15/2026. (Urizandi, Nissheneyra)

#4

May 19, 2026

Extension of Time to File Response/Reply

May 19, 2026

TEXT ORDER granting 4 Motion for Extension of Time to File Response/Reply. The government's response is due by Wednesday, May 20, 2026 at 5:00pm. So Ordered by District Judge Melissa R. DuBose on 5/19/2026. (Urizandi, Nissheneyra)

May 19, 2026

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

#5

May 20, 2026

Response to Motion

May 21, 2026

Order on Petition for Writ of Habeas Corpus

May 21, 2026

TEXT ORDER: The Petitioner has 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) 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. The Respondents are hereby ORDERED to provide Petitioner with a bond hearing under § 1226(a) within 7 to 10 days of this Order. The parties shall provide a status report to this Court within 48 hours of the conclusion of that hearing stating whether the Petitioner's request for bond was granted or denied and, if denied, the reasons for the denial. So Ordered by District Judge Melissa R. DuBose on 5/21/2026. (Urizandi, Nissheneyra)

#6

May 27, 2026

Status Report

#7

May 27, 2026

Status Report