District of Rhode Island • 1:26-cv-00572

#1

Aug 17, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2324804.), filed by Lucas Ferreira Basilio. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Da Cruz, Jacinda) (Entered: 08/17/2026)

#3

Aug 17, 2026

ORDER re 1 First PETITION for Writ of Habeas Corpus filed by Lucas Ferreira Basilio. 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 8/17/2026. (Hill, Cherelle) (Entered: 08/17/2026)

Aug 17, 2026

TEXT ORDER re 1 First PETITION for Writ of Habeas Corpus filed by Lucas Ferreira Basilio. Response to Petition for Writ of Habeas Corpus due by 8/20/2026. So Ordered by District Judge Mary S. McElroy on 8/17/2026. (Hill, Cherelle)

Aug 17, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle)

Aug 17, 2026

Case Assigned/Reassigned

Aug 17, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

#4

Aug 20, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling . (Attachments: # 1 Exhibit Ex 1 - Opposition to Habeas Petition)(Griffin, Trevor) (Entered: 08/20/2026)

#5

Aug 20, 2026

REPLY MEMORANDUM . (Da Cruz, Jacinda) (Entered: 08/20/2026)

Aug 27, 2026

TEXT ORDER. Before the Court is Lucas Ferreira Basilio's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 1 .) The Respondents assert that Petitioner's detention is governed by 8 U.S.C. § 1225(b)(1) pending completion of the credible fear process. (ECF No. 4 .) But the record does not support that position. The Petitioner was paroled into the United States on January 23, 2023, has never received a credible fear interview in the more than three years since, has never been served with a Notice to Appear or appeared before an Immigration Judge, and filed an affirmative asylum application that USCIS received and has held pending since November 3, 2023. The Respondents identify no date on which a credible fear interview will occur. As such, the Petitioner was not in ongoing expedited removal proceedings at the time of his arrest and his detention is governed by 8 U.S.C. § 1226(a). See Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042 (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) 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 8/27/2026. (Potter, Carrie)

Aug 27, 2026

Order on Petition for Writ of Habeas Corpus

#6

Sep 08, 2026

Response in Opposition