District of Rhode Island • 1:26-cv-00536

#1

Aug 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2320605.), filed by Elson Costa De Oliveira. (Attachments: # 1 Exhibit 1 - Custody Documents, # 2 Exhibit 2 - Notice to Appear, # 3 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 08/06/2026)

#3

Aug 06, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Elson Costa De Oliveira. 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 8/6/2026. (Gonzalez Gomez, Viviana) (Entered: 08/06/2026)

Aug 06, 2026

TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Elson Costa De Oliveira. Response to Petition for Writ of Habeas Corpus due by 8/11/2026. So Ordered by District Judge Melissa R. DuBose on 8/6/2026. (Gonzalez Gomez, Viviana)

Aug 06, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

Aug 06, 2026

Case Assigned/Reassigned

Aug 06, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

#4

Aug 11, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David T. Wesling . (Bolan, Kevin) (Entered: 08/11/2026)

#5

Aug 11, 2026

JUDGMENT. So Ordered by Clerk of Court on 8/11/2026. (Simoncelli, Michael) (Entered: 08/11/2026)

Aug 11, 2026

Order on Petition for Writ of Habeas Corpus

Aug 11, 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). ECF No. 4. 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 (August 11, 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. 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 8/11/2026. (Simoncelli, Michael)

#6

Aug 20, 2026

Status Report