District of Rhode Island • 1:26-cv-00499

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2314098.), filed by Yober Esteban Cifuentes-Correa. (Attachments: # 1 Proposed Sealed Document Habeas Petition Identifier Statement, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 07/24/2026)

#3

Jul 24, 2026

ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Yober Esteban Cifuentes-Correa. 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 Chief Judge John J. McConnell, Jr. on 7/24/2026. (Gonzalez Gomez, Viviana) (Entered: 07/24/2026)

Jul 24, 2026

Case Assigned/Reassigned

Jul 24, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Jul 24, 2026

TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Yober Esteban Cifuentes-Correa. Response to Petition for Writ of Habeas Corpus due by 7/29/2026. So Ordered by Chief Judge John J. McConnell, Jr. on 7/24/2026. (Gonzalez Gomez, Viviana)

Jul 24, 2026

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

#4

Jul 28, 2026

MOTION for an Extension of Time to File Response/Reply as to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2314098.) filed by Todd Blanche, Executive Office For Immigration Review, Markwayne Mullin, Michael Nessinger, David T. Wesling. Responses due by 8/11/2026. (Erickson, Stacey) (Entered: 07/28/2026)

Jul 29, 2026

TEXT ORDER REASSIGNING CASE. Case reassigned to District Judge Melissa R. DuBose for all further proceedings as it is related to CA26-487MRD. Chief Judge John J. McConnell, Jr. no longer assigned to case. So Ordered by Chief Judge John J. McConnell, Jr. on 7/29/2026. (Jackson, Ryan)

Jul 29, 2026

Order on Motion for Extension of Time to File Response/Reply

Jul 29, 2026

Order Reassigning Case

Jul 29, 2026

TEXT ORDER granting 4 Motion for Extension of Time to File Response to 1 PETITION for Writ of Habeas Corpus; Responses due by 7/31/2026. So Ordered by Chief Judge John J. McConnell, Jr. on 7/29/2026. (Jackson, Ryan)

#5

Jul 31, 2026

RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2314098.) filed by Todd Blanche, Executive Office For Immigration Review, Markwayne Mullin, David T. Wesling. Replies due by 8/7/2026. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Erickson, Stacey) (Entered: 07/31/2026)

#6

Aug 03, 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 8/3/2026. (Urizandi, Nissheneyra) (Entered: 08/03/2026)

Aug 03, 2026

Order on Petition for Writ of Habeas Corpus

Aug 03, 2026

TEXT ORDER: Before the Court is Petitioner Cifuentes Correa's Petitions for Writ of Habeas Corpus filed in case numbers 26-cv-487 (ECF No. 1) and 26-cv-499 (ECF No. 1 ). Both Petitions argue that the Petitioner's detention by immigration officials is unlawful, and that, pursuant to 8 U.S.C. § 1226(a), he must be released and/or is entitled to a bond hearing before an immigration judge. The Government's Response to each Petition is the same; it contends that the Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Dkt. 487, ECF No. 8.The Government also notes that this Petitioner's in absentia removal order from September 2025 was erroneously entered and informed the Court that Counsel for the Department of Homeland Security has filed Motions to (1) Reopen and Rescind the In-Absentia Order and a Motion to (2) Dismiss that case.See Dkt. 487, ECF No. 5 at 2.Given this concession and after reviewing the parties' papers, the exhibits 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 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 Petitions for Writ of Habeas are GRANTED. The Court ORDERS the Government to release Petitioner TODAY(August 3, 2026). The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Orders (Dkt. 487, ECF No. 5 and Dkt. 499, ECF No. 3 ) 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 8/3/2026. (Urizandi, Nissheneyra)

#7

Aug 13, 2026

STATUS REPORT (RESPONDENTS STAUTS UPDATE AS TO PETITIONERS HABEAS PETITIONS 26-CV-487 (ECF 1) AND 26-CV-499 (ECF 1)) by Todd Blanche, Executive Office For Immigration Review, Markwayne Mullin, David T. Wesling. (Attachments: # 1 Exhibit 1)(Erickson, Stacey) (Entered: 08/13/2026)