District of Rhode Island • 1:25-cv-00654

#1

Dec 03, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11395257 Fee status: Filing Fee paid., filed by FLAVIA ESEFANI MARCIANO. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit NTA, OR, Detainee locator)(Kravitz, Daniel) (Entered: 12/03/2025)

#2

Dec 04, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (CM) (Entered: 12/04/2025)

#3

Dec 04, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SED) (Entered: 12/04/2025)

#4

Dec 04, 2025

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 12/04/2025)

#5

Dec 04, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition sent to AUSA on duty via email and mailed to Respondents and USAO on 12/4/2025. (SED) (Entered: 12/04/2025)

#6

Dec 05, 2025

NOTICE of Appearance by Julian N. Canzoneri on behalf of Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem (Canzoneri, Julian) (Entered: 12/05/2025)

#7

Dec 08, 2025

Assented to MOTION to Transfer Case to Rhode Island. by Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem.(Canzoneri, Julian) (Entered: 12/08/2025)

#8

Dec 09, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 7 Assented to MOTION to Transfer Case to Rhode Island.ALLOWED. (FGD) (Entered: 12/09/2025)

#9

Dec 09, 2025

Case transferred to to District of Rhode Island;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (FGD) (Entered: 12/09/2025)

#10

Dec 09, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-13662. 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: 12/09/2025)

#11

Dec 09, 2025

ORDER re: 1 Petition for Writ of Habeas Corpus, filed by Flavia Esefani Marciano. So Ordered by Chief Judge John J. McConnell, Jr. on 12/9/2025. (Gonzalez Gomez, Viviana) (Entered: 12/09/2025)

#12

Dec 09, 2025

MOTION for Immediate Transfer or, in the alternative, Notice Under 72-Hour Order filed by All Defendants. Responses due by 12/23/2025. (Attachments: # 1 Exhibit Chan Decl.)(Bolan, Kevin) (Entered: 12/09/2025)

#13

Dec 09, 2025

RESPONSE IN OPPOSITION by Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem re 1 . (Bolan, Kevin) (Entered: 12/09/2025)

Dec 09, 2025

Order on Motion to Transfer Case

Dec 09, 2025

Case Transferred Out - District

#14

Dec 10, 2025

Judgment

Dec 10, 2025

Order on Petition for Writ of Habeas Corpus

Dec 10, 2025

Order on Motion for Miscellaneous Relief

Dec 10, 2025

TEXT ORDER denying as moot 12 MOTION for Immediate Transfer or, in the alternative, Notice Under 72-Hour Order. So Ordered by Chief Judge John J. McConnell, Jr. on 12/10/2025. (Jackson, Ryan)

Dec 10, 2025

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Flavia Esefani Marciano has filed a habeas petition, arguing that her arrest and continued detention by Immigrations and Customs Enforcement ("ICE") is unlawful, and that she must be given a bond hearing before an immigration judge ("IJ") under 8 U.S.C. §1226(a) and "any further relief this Court deems just and proper." ECF No. 1 at 3. In its Response, the Government stated that the legal issues presented in this case are like those recently addressed by the Court in Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I. Oct 27, 2025). ECF No. 13 at 1-2. The Government also acknowledged that, should the Court follow its reasoning in Tomas Elias, it should reach the same result in Ms. Marciano's case. Id. at 2. The Court finds that the reasoning provided in Tomas Elias remains correct and, as such, finds that Ms. Marciano is entitled to a bond hearing under §1226(a). The Court also deems it "just and proper" to order Ms. Marciano's immediate release, as that was the same relief ordered in Tomas Elias. Therefore, the Court GRANTS Ms. Marciano's Petition. ECF No. 1. The Court also DENIES as moot the Government's motion for leave for immediate transfer to Cumberland County (Maine) Jail. ECF No. 12. The Government is hereby ORDERED (1) to provide Flavia Esefani Marciano with a bond hearing before an IJ under 8 U.S.C. § 1226(a) within ten days of the date of this order; and (2) the Government must release Flavia Esefani Marciano immediately pending the bond hearing. Per its request, the Government is permitted to transfer Ms. Marciano to Burlington, Massachusetts to process Ms. Marciano's release and to allow for the setting of minimal release conditions that will reasonably assure her appearance at the bond hearing. ECF No. 13 at 1 n.2. However, effectuating this transfer and determining minimal release conditions shall not in any way impede Ms. Marciano's immediate release. Finally, (3) the Court ORDERS the Government to file a status report within five days of Ms. Marciano's bond hearing, stating whether she has been granted bond and, if her request for bond was denied, the reason for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 12/10/2025. (Jackson, Ryan)

#15

Dec 22, 2025

Status Report