District of Rhode Island • 1:25-cv-00642

#1

Dec 03, 2025

Petition for Writ of Habeas Corpus-New Case

#2

Dec 03, 2025

ORDER : To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved from their current facility 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 12/3/2025. (Potter, Carrie) (Entered: 12/03/2025)

Dec 03, 2025

TEXT ORDER : The Government must respond to 1 PETITION for Writ of Habeas Corpus on or before 12/8/2025. So Ordered by District Judge Mary S. McElroy on 12/3/2025. (Potter, Carrie)

Dec 03, 2025

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle)

Dec 03, 2025

Order

Dec 03, 2025

Case Assigned/Reassigned

#3

Dec 08, 2025

Response to Motion

#4

Dec 16, 2025

Reply to Response

Dec 22, 2025

Order on Petition for Writ of Habeas Corpus

Dec 22, 2025

TEXT ORDER. Before the Court is Mr. Pineda Diaz's combined habeas corpus petition under 28 U.S.C. § 2241 and a motion for a temporary restraining order. (ECF No. 1 .) The legal issues presented by Mr. Pineda Diaz's petition are the same as those issues before the court in several other cases including in Juan Carlos Tomas Elias v. Hyde, et al., No. 1:25-cv-540-JJM-AEM (D.R.I. October 27, 2025). Respondents concede that if the Court follows the reasoning in Tomas Elias, the same result should occur here. (ECF No. 3 .) Finding the factual circumstances and legal issues to be nearly identical, this Court GRANTS Mr. Pineda Diaz's habeas petition. (ECF No. 1 .) The Government is ORDERED to provide him with a bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within thirty days of the date of this order. Further, the Government is ORDERED to release Mr. Pineda Diaz immediately pending the bond hearing. This Court lifts its December 3, 2025, Order, (ECF No. 2 ), restricting Mr. Pineda Diaz's removal from the district for the sole purpose of processing his release from custody. The Government may set minimal conditions that will reasonably assure Mr. Pineda Diaz's appearance at the bond hearing. Finally, the Court ORDERS the Government to file a status report within five days of Mr. Pineda Diazs bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reasons for that denial. So Ordered by District Judge Mary S. McElroy on 12/22/2025. (Potter, Carrie)

#5

Jan 09, 2026

Writ of Habeas Corpus

#6

Jan 09, 2026

Order