District of Rhode Island • 1:26-cv-00454

Jul 14, 2026

Habeas Petition Filing Fee Paid $ 5.00, Receipt Number ARIDC-2309022. (Oliveri, Dawn)

Jul 14, 2026

Habeas Petition Filing Fee

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.00.), filed by Elias Neftali Dubon-Carceres. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Simoncelli, Michael) (Entered: 07/15/2026)

#3

Jul 15, 2026

NOTICE of Appearance by Dawn F. Oliveri on behalf of Elias Neftali Dubon-Carceres (Simoncelli, Michael) (Entered: 07/15/2026)

#4

Jul 15, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Elias Neftali Dubon-Carceres. 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 7/15/2026. (Simoncelli, Michael) (Entered: 07/15/2026)

Jul 15, 2026

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus - Response to Petition for Writ of Habeas Corpus due by 7/20/2026. So Ordered by District Judge Mary S. McElroy on 7/15/2026. (Potter, Carrie)

Jul 15, 2026

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

Jul 15, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Jul 15, 2026

Case Assigned/Reassigned

#5

Jul 16, 2026

NOTICE of Appearance by George M. Seaman on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Michael Nessigner, David T. Wesling (Seaman, George) (Entered: 07/16/2026)

#6

Jul 20, 2026

RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00.) filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Michael Nessigner, David T. Wesling. Replies due by 7/27/2026. (Attachments: # 1 Exhibit)(Seaman, George) (Entered: 07/20/2026)

Jul 31, 2026

Order

Jul 31, 2026

TEXT ORDER. On July 20,2026 the Respondents filed a Motion to Dismiss (ECF No. 6) the Petition for Writ of Habeas Corpus (ECF No. 1.) It was docketed as a Response to the Petition and, the Petitioner has not responded or objected. The Petitioner is given until August 7, 2026, to object or otherwise respond to the Motion to Dismiss. So Ordered by District Judge Mary S. McElroy on 7/31/2026. (Potter, Carrie)

Aug 13, 2026

TEXT ORDER. Before the Court is the Petitioner, Elias Neftali Dubon-Carceres' Petition for Habeas Corpus (ECF No. 1 ) and the Respondents' Motion to Dismiss (ECF No. 6 ). The Court extended the Petitioner's time to object to the Motion to Dismiss to August 7, 2026, but no objection has been filed. As this Court held regarding the Petitioner's previous Petition, Dubon-Caceres v. Wesling, No. 1:26-cv-319-MSM-AEM (D.R.I. June 8, 2026), he is subject to a prior removal order reinstated pursuant to 8 U.S.C. § 1231(a)(5) and is in withholding-only proceedings. He is therefore detained under § 1231, not § 1226(a). See Johnson v. Guzman Chavez, 594 U.S. 523, 533 (2021). The Court further held that the Petitioner had not carried his initial burden under Zadvydas v. Davis of showing good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future, and that the passage of six months, without more, was insufficient. See 533 U.S. 678, 701 (2001); <G.P. v. Garland, 103 F.4th 898, 902-03 (1st Cir. 2024). The instant Petition alleges no facts sufficient to change this outcome. That is, he alleges no facts concerning the availability of travel documents, the anticipated timeline for adjudication of the Petitioner's appeal, or any impediment to removal to Guatemala, to which the Petitioner was removed in 2016. In short, he rests on the passage of one additional month. That is insufficient for the reasons already stated, and G.P. v. Garland forecloses the argument that the pendency of withholding-only proceedings itself establishes that removal is not reasonably foreseeable. 103 F.4th at 902. The Court notes that the Respondents have represented their willingness to join a motion to expedite the Petitioner's appeal before the Board of Immigration Appeals, and encourages the parties to do so. The Respondents' Motion to Dismiss is therefore GRANTED and the Petition is DISMISSED WITHOUT PREJUDICE. So Ordered by District Judge Mary S. McElroy on 8/13/2026. (Potter, Carrie)

Aug 13, 2026

Order on Petition for Writ of Habeas Corpus