District of Rhode Island • 1:26-cv-00479

Arilton Dos Santos v. Nessinger

Completed

Case Information

Filed: July 22, 2026
Assigned to: Melissa R. Dubose
Referred to: Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 24, 2026
Last Activity: July 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 22, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2312537.), filed by Francisco Arilton Dos Santos. (Attachments: # 1 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 07/22/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Jul 22, 2026
EXHIBIT IN SUPPORT by Francisco Arilton Dos Santos in support of 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2312537.) Petitioner's Notice to Appear (Form I-862). (Cerretani, Gabriela) (Entered: 07/22/2026)
Main Document: Exhibit in Support
#4
Jul 22, 2026
ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Francisco Arilton Dos Santos. 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 7/22/2026. (Gonzalez Gomez, Viviana) (Entered: 07/22/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Jul 22, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Jul 22, 2026
Case Assigned/Reassigned
Jul 22, 2026
TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Francisco Arilton Dos Santos. Response to Petition for Writ of Habeas Corpus due by 7/27/2026. So Ordered by District Judge Melissa R. DuBose on 7/22/2026. (Gonzalez Gomez, Viviana)
Jul 22, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
#5
Jul 23, 2026
Response in Opposition
Main Document: Response in Opposition
#6
Jul 23, 2026
Notice of Appearance
Main Document: Notice of Appearance
Jul 23, 2026
NOTICE of Hearing: Chambers Conference set for 7/24/2026 at 11:00 AM by Remote Hearing before District Judge Melissa R. DuBose. This is not a public conference. (Zoom Meeting ID: 165 563 6317, Passcode: 422848) (Urizandi, Nissheneyra)
Jul 23, 2026
Notice of Hearing (Form Attached)
#7
Jul 24, 2026
JUDGMENT entered granting the Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 7/24/2026. (Urizandi, Nissheneyra) (Entered: 07/24/2026)
Main Document: Judgment
Jul 24, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his detention by immigration officials is unlawful, and that, pursuant to under 8 U.S.C. § 1226(a), he must be released and/or is entitled to a bond hearing before an immigration judge. The Government responded that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). After reviewing the parties' papers, the exhibit attached thereto, and the applicable law, the Court concludes that Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and is entitled to an individualized custody redetermination (aka bond) hearing under § 1226(a). See Mendes v. Hyde, No. 25-CV-627-JJM-AEM, 2025 WL 3496546 (D.R.I. Dec. 5, 2025). Therefore, the Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner TODAY (July 24, 2026). The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 4, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. Finally, the Court ORDERS the Government to file a status report within 48 hours of Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by District Judge Melissa R. DuBose on 7/24/2026. (Urizandi, Nissheneyra)
Jul 24, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Chambers Conference held on 7/24/2026. (A. Hyatt, G. Cerretani) Arguments heard as to the petition for writ of habeas. The Court grants the petition and orders the petitioner released. Clerk to docket order. Recess. (Zoom Record Only at 11:00 AM) (Urizandi, Nissheneyra)
Jul 24, 2026
Order on Petition for Writ of Habeas Corpus
Jul 24, 2026
In Chambers Conference
#8
Jul 28, 2026
Status Report
Main Document: Status Report