District of Rhode Island • 1:26-cv-00466

#1

Jul 11, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) EMERGENCY Filing fee: $ 5, receipt number AMADC-11880684 Fee status: Filing Fee paid., filed by Adalberto Funes Landaverde. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Supplement Location of Adalberto Funes Landaverde)(Salazar, Cindy) Modified on 7/13/2026 Duplicate Text (NMC). (Entered: 07/11/2026)

#2

Jul 11, 2026

District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (RN) (Entered: 07/11/2026)

#3

Jul 13, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Jessica D. Hedges. (FGD) (Entered: 07/13/2026)

#4

Jul 13, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 07/13/2026)

#5

Jul 13, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than July 20, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 07/13/2026)

#6

Jul 13, 2026

Copies of the following were mailed to all respondents on 7/13/2026: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 07/13/2026)

#7

Jul 13, 2026

NOTICE by David Wesling Regarding Place of Confinement (Lyons, Matthew) (Entered: 07/13/2026)

#8

Jul 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In accordance with this Court’s Order, ECF 5, the respondents have notified the Court that petitioner Adalberto Funes Landaverde was transferred from Massachusetts to Rhode Island on July 11, 2026. ECF 7 . But on July 11, 2026 at 2:05 p.m., this Court ordered that “respondents will not remove the petitioner from the jurisdiction of the United States or transfer petitioner to a judicial district outside that of Massachusetts for a period of at least 72 hours from the time this Order is docketed.” ECF 2 . Because the respondents’ notification does not specify when Landaverde was transferred from Massachusetts to Rhode Island on July 11, 2026, the Court cannot determine whether the respondents complied with this Court’s Order of July 11, 2026. Accordingly, the respondents are ORDERED, by July 15, 2026, to provide an affidavit explaining the time at which Landaverde was transferred out of this State on July 11, 2026. (Currie, Haley) (Entered: 07/13/2026)

#9

Jul 14, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling (Canzoneri, Julian) (Entered: 07/14/2026)

#10

Jul 15, 2026

STATUS REPORT by Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling. (Attachments: # 1 Exhibit 1)(Canzoneri, Julian) (Entered: 07/15/2026)

#11

Jul 16, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Adalberto Funes Landaverde, a citizen of El Salvador, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 seeking his immediate release on July 11, 2026. ECF 1, ¶¶ 1, 11. In 2004, he entered the United States without inspection or parole. Id. ¶¶ 27, 29. On July 11, 2026, he was detained by the U.S. Immigration and Customs Enforcement (“ICE”) in or near Pawtucket, Rhode Island. Id. ¶ 19; ECF 10, at 1. ICE briefly held Funes Landaverde at the Providence Field Office before transferring him to the Wyatt Detention Center in Rhode Island, where he remains. ECF 10, at 1.“[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner’s immediate custodian.” Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). This Court lacks jurisdiction over the habeas petition because Funes Landaverde was not detained in Massachusetts when he filed his petition. See Padilla, 542 U.S. at 442; Godin v. Schencks, 629 F.3d 79, 83 (1st Cir. 2010) (“a court has an obligation to inquire sua sponte into its subject matter jurisdiction" (quotation marks omitted)). From July 11, 2026 onward, he has been under ICE custody in Rhode Island. ECF 10, at 1.In the circumstances of this case, transferring his petition to the District of Rhode Island is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631. Accordingly, Funes Landaverde’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the District of Rhode Island pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (Currie, Haley) (Entered: 07/16/2026)

#12

Jul 16, 2026

Case transferred to to District of Rhode Island - Original file with documents numbered 1-11 sent to Clerk in that district. (Currie, Haley) (Entered: 07/16/2026)

#13

Jul 16, 2026

Case transferred in from District of Massachusetts; Case Number 1:26-cv-13192. 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: 07/16/2026)

#14

Jul 16, 2026

ORDER re 1 Petition for Writ of Habeas Corpus filed by Adalberto Funes Landaverde. 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 7/16/2026. (Simoncelli, Michael) (Entered: 07/16/2026)

Jul 16, 2026

Order

Jul 16, 2026

Case Transferred Out - District

Jul 16, 2026

TEXT ORDER re 1 filed by Adalberto Funes Landaverde. Response to Petition for Writ of Habeas Corpus due by 7/21/2026. So Ordered by District Judge Melissa R. DuBose on 7/16/2026. (Simoncelli, Michael)

Jul 16, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)