District of Rhode Island • 1:26-cv-00319

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May 19, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2281503.), filed by Elias Neftali Dubon-Caceres. (Attachments: # 1 Civil Cover Sheet)(Lagana, Stephen) (Entered: 05/19/2026)

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May 19, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Elias Neftali Dubon-Caceres. 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 5/19/2026. (Simoncelli, Michael) (Entered: 05/19/2026)

May 19, 2026

TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/22/2026 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 5/19/2026. (Potter, Carrie)

May 19, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)

May 19, 2026

Order

May 19, 2026

Case Assigned/Reassigned

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May 22, 2026

Response to Motion

Jun 08, 2026

TEXT ORDER. The Petitioner, Elias Neftali Dubon-Caceres', Petition for Writ of Habeas Corpus (ECF No. 1 ) is DENIED WITHOUT PREJUDICE. The Petitioner is under a prior removal order that was reinstated pursuant to 8 U.S.C. § 1231(a)(5) on May 31, 2019, and who is currently in withholding-only proceedings; he is therefore detained under § 1231, not § 1226(a). See Johnson v. Guzman Chavez, 594 U.S. 523, 533 (2021). Although Petitioner has now been detained for approximately six months, his Zadvydas claim nonetheless fails at this time because he has not carried his initial burden of showing good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future and the mere passage of six months, without more, is insufficient. See Zadvydas v. Davis, 533 U.S. 678, 701 (2001); G.P. v. Garland, 103 F.4th 898, 902-03 (1st Cir. 2024). So Ordered by District Judge Mary S. McElroy on 6/8/2026. (Potter, Carrie)

Jun 08, 2026

Order on Petition for Writ of Habeas Corpus