Active
Case Information
Filed: September 17, 2026
Assigned to:
Mary Susan McElroy
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
Emergency PETITION for Writ of Habeas Corpus EMERGENCY ( Filing fee $ 5.00 receipt number ARIDC-2338594.), filed by Manuel Rolando Remache Nieves. (Attachments: # 1 Supplement Petitioners Location, # 2 Exhibit Category Form, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Supplement Habeas Petitioner Identifier Statement)(Salazar, Cindy) (Entered: 09/17/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Sep 17, 2026
ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Manuel Rolando Remache Nieves. 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 9/17/2026. (Gonzalez Gomez, Viviana) (Entered: 09/17/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Sep 17, 2026
Case Assigned/Reassigned
Sep 17, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 17, 2026
TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Manuel Rolando Remache Nieves. Response to Petition for Writ of Habeas Corpus due by 9/22/2026. So Ordered by District Judge Mary S. McElroy on 9/17/2026. (Gonzalez Gomez, Viviana)
Sep 17, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
#3
Sep 22, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Todd Lyons, Markwayne Mullin, David Wesling . (Attachments: # 1 Exhibit Ex 1 - Declaration, # 2 Exhibit Ex 2 - Travel Log)(Griffin, Trevor) (Entered: 09/22/2026)
Main Document:
Response in Opposition
Sep 23, 2026
Order on Petition for Writ of Habeas Corpus
Sep 23, 2026
TEXT ORDER. Before the Court is Manuel Rolando Remache Nieves' 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 9/23/2026. (Potter, Carrie)
Parties
Nessinger
Party
Remache Nieves
Party