District of Rhode Island • 1:26-cv-00429

#1

Jun 30, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11855066 Fee status: Filing Fee paid., filed by Ricardo Francisco Goncalves De Souza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cabelus, Richard) Modified on 6/30/2026 (SR). (Entered: 06/30/2026)

#2

Jun 30, 2026

Case transferred to Central Division (Worcester) (SR) (Entered: 06/30/2026)

#3

Jun 30, 2026

Case transferred in from Eastern Division (Boston) on 6/30/2026 Case Number 1:26-cv-13003. All future filings to be entered in Central Division (Worcester) Case Number 4:26-cv-13003. (Danieli, Chris) (Entered: 06/30/2026)

#4

Jun 30, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (SB) (Entered: 06/30/2026)

#5

Jun 30, 2026

District Judge Margaret R. Guzman: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL entered. (LB) (Entered: 06/30/2026)

Jun 30, 2026

Case Transferred In - Divisional Transfer

Jun 30, 2026

Case Assigned/Reassigned

#6

Jul 01, 2026

NOTICE by Antone Moniz re 5 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL (Balakrishna, Annapurna) (Entered: 07/01/2026)

#7

Jul 01, 2026

Copy re 5 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL, 1 Petition for Writ of Habeas Corpus (2241), mailed to Respondents on 7/1/2026. (SB) (Entered: 07/01/2026)

#8

Jul 01, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella (Engingro, Vincent) (Entered: 07/01/2026)

#9

Jul 01, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 07/01/2026)

#10

Jul 01, 2026

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. Notwithstanding Petitioner's ties to Massachusetts, see, e.g., ECF No. 1 paras. 2-4, the "general rule [is] that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement," Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). "[I]n challenges to present physical confinement... the immediate custodian... is the proper respondent." Id. at 439. Upon review of the Respondent's notice regarding place of confinement, 6, the Court finds that it lacks jurisdiction over this Petition. At the time of filing, Petitioner asserted he was detained at Plymouth County Department of Correction, [ECF No. 1 at para. 1]. At 3:00pm on 06/30/2026, the Court issued its Order regarding stay of transfer or removal, 5 . The Order was docketed at 3:30pm on 6/30/2026 and Respondents received notice of it via email at 3:34pm the same day. 6 . Respondents' notice states that the Department of Homeland Security notified the U.S. Attorney's Office that Petitioner was transferred to the Wyatt Detention Center in Rhode Island on 06/30/2026, crossing the border at approximately 2:07pm. [Id.] Accordingly, Petitioner is not presently detained in Massachusetts and this Court lacks jurisdiction. When a district court lacks jurisdiction, it may, in the interest of justice, order the case to be transferred to another court that would have jurisdiction. 28 U.S.C. § 1631. Here, the Court finds that it is in the interest of justice to transfer the action to the district of Petitioner's confinement.In accordance with the foregoing, the Court hereby orders that the Clerk shall TRANSFER this action to the United States District Court for the District of Rhode Island. The case shall then be closed.(LB) (Entered: 07/01/2026)

#11

Jul 01, 2026

Case electronically transferred to the District of Rhode Island. (LB) (Entered: 07/01/2026)

#12

Jul 01, 2026

Case transferred in from District of Massachusetts; Case Number 4:26-cv-13003. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) through PACER.gov (Entered: 07/01/2026)

#13

Jul 01, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus (2241) filed by Ricardo Francisco Goncalves De Souza. 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 7/1/2026. (Gonzalez Gomez, Viviana) (Entered: 07/01/2026)

Jul 01, 2026

TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 7/8/2026. 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 7/1/2026. (Potter, Carrie)

Jul 01, 2026

Private Docket Note

Jul 01, 2026

Case Transferred Out - District

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

Order

Jul 01, 2026

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