District of Rhode Island • 1:26-cv-00603

Guaman Castro v. Wesling

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Case Information

Filed: August 26, 2026
Assigned to: Mary Susan McElroy
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2329607.), filed by Luis Antonio Guaman Castro. (Attachments: # 1 Civil Cover Sheet)(Lagana, Stephen) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Aug 26, 2026
ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luis Antonio Guaman Castro. 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 8/26/2026. (Simoncelli, Michael) (Entered: 08/26/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Aug 26, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
Aug 26, 2026
Case Assigned/Reassigned
Aug 26, 2026
TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luis Antonio Guaman Castro. Response to Petition for Writ of Habeas Corpus due by 8/31/2026. So Ordered by District Judge Mary S. McElroy on 8/26/2026. (Simoncelli, Michael)
Aug 26, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
#4
Aug 27, 2026
NOTICE by Markwayne Mullin, David Venturella, David T. Wesling (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Bolan, Kevin) (Entered: 08/27/2026)
Main Document: Notice (Other)
#5
Aug 28, 2026
RESPONSE IN OPPOSITION by Markwayne Mullin, David Venturella, David T. Wesling . (Bolan, Kevin) (Entered: 08/28/2026)
Main Document: Response in Opposition
Aug 31, 2026
TEXT ORDER. Before the Court is Luis Antonio Guaman Castro's Petition for habeas corpus under 28 U.S.C. § 2241. Upon review, the Court finds that this matter is controlled by Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Accordingly, the Court GRANTS the 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) no sooner than thirty (30) days from 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. Further, the Court ORDERS the Respondents to release the Petitioner immediately pending the bond hearing. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. The Respondents shall set minimal release conditions that will reasonably assure the Petitioner's appearance at the bond 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 8/31/2026. (Potter, Carrie)
Aug 31, 2026
Order
Aug 31, 2026
Order on Petition for Writ of Habeas Corpus
Aug 31, 2026
TEXT ORDER: The Court withdraws the 8/31/2026 Text Order and hereby orders the petitioner be returned to Rhode Island on or before 9/8/2026. So Ordered by District Judge Mary S. McElroy on 8/31/2026. (Potter, Carrie)
#6
Sep 03, 2026
STATUS REPORT by Markwayne Mullin, David Venturella, David T. Wesling. (Attachments: # 1 Exhibit)(Bolan, Kevin) (Entered: 09/03/2026)
Main Document: Status Report