District of Rhode Island • 1:26-cv-00533

#1

Aug 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2320117.), filed by Nibo Mayuku. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Category Form, # 3 Exhibit Exh A, DHS I-213, # 4 Exhibit Exh B, Notice to Appear from 2018, # 5 Exhibit Exh C, Parole from 2018, # 6 Exhibit Im. Judge Order granting WH 2025, # 7 Exhibit ALl Charges from June 2026 Dismissed)(Gagarin, Kira) (Entered: 08/05/2026)

#2

Aug 05, 2026

ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Nibo Mayuku. 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 Mary S. McElroy on 8/5/2026. (Gonzalez Gomez, Viviana) (Entered: 08/05/2026)

Aug 05, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Aug 05, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

Aug 05, 2026

TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Nibo Mayuku. Response to Petition for Writ of Habeas Corpus due by 8/10/2026. So Ordered by District Judge Mary S. McElroy on 8/5/2026. (Gonzalez Gomez, Viviana)

Aug 05, 2026

Case Assigned/Reassigned

#4

Aug 07, 2026

Seal

#5

Aug 07, 2026

Response in Opposition

#6

Aug 12, 2026

Response in Opposition

Aug 13, 2026

Order on Petition for Writ of Habeas Corpus

Aug 13, 2026

TEXT ORDER. Before the Court is the Petitioner, Nibo Mayuku's, Petition for Writ of Habeas Corpus (ECF No. 1 ). The Petitioner was paroled into the United States under 8 U.S.C. § 1182(d)(5)(A) in November 2018 and has resided in Biddeford, Maine since. He was granted withholding of removal as to the Democratic Republic of Congo in October 2025, which the Respondents did not appeal, and was arrested by ICE in Biddeford on July 22, 2026. The Respondents contend his parole lapsed in November 2019 under 8 C.F.R. § 212.5(e)(1)(ii), rendering him subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), and that the Petition is premature. First, as to whether the Petition is premature, exhaustion is not required. Custody determinations are separate from removal proceedings, 8 C.F.R. § 1003.19(d). Ayala Casun v. Hyde, No. 25-cv-427-JJM-AEM, 2025 WL 2806769, at *3 (D.R.I. Oct. 2, 2025). On the merits, the Court finds the Petitioner is detained under § 1226(a), the default rule for noncitizens already present in this country. See Jennings v. Rodriguez, 583 U.S. 281, 303 (2018). The Respondents did not act on their asserted § 1225 authority they now invoke for nearly seven years after the parole date during which the Petitioner worked lawfully and appeared at every hearing. In short, he was arrested in the interior, not at a port of entry, after years of settled residence.Accordingly, the Court GRANTS Petitioner's habeas petition (ECF No. 1 ) as follows. The Respondents are ORDERED to provide the Petitioner with a bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the date of this order. The Respondents are ordered to provide the Petitioner and his attorney with adequate notice of the date and time of that hearing. Finally, the Court ORDERS the Respondents to file a status report within two (2) days of the Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the specific reasons for that denial. So Ordered by District Judge Mary S. McElroy on 8/13/2026. (Potter, Carrie)

#8

Aug 20, 2026

Enforce Judgment

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Aug 20, 2026

Status Report