District of Rhode Island • 1:26-cv-00664

#1

Sep 22, 2026

Emergency PETITION for Writ of Habeas Corpus EMERGENCY ( Filing fee $ 5.00 receipt number ARIDC-2340231.), filed by BYRON LEONARDO AVILA PESANTEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Salazar, Cindy) (Entered: 09/22/2026)

#3

Sep 22, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Byron Leonardo Avila Pesantez. 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 9/22/2026. (Hill, Cherelle) (Entered: 09/22/2026)

Sep 22, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Sep 22, 2026

Case Assigned/Reassigned

Sep 22, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle)

Sep 22, 2026

TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Byron Leonardo Avila Pesantez. Response to Petition for Writ of Habeas Corpus due by 9/25/2026. So Ordered by District Judge Melissa R. DuBose on 9/22/2026. (Hill, Cherelle)

#4

Sep 23, 2026

MOTION to Seal Filed. (Attachments: # 1 Exhibit Ex 1 to Motion to Seal)(Griffin, Trevor) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 09/23/2026)

#5

Sep 23, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Department of Homeland Security, Todd M. Lyons, Markwayne Mullin, David Wesling . (Griffin, Trevor) (Entered: 09/23/2026)

#6

Sep 24, 2026

AMENDED COMPLAINT EMERGENCY against Todd Blanche, Department of Homeland Security, Todd M. Lyons, Markwayne Mullin, Michael Nessinger, David Wesling, filed by Byron Leonardo Avila Pesantez.(Salazar, Cindy) (Entered: 09/24/2026)

#7

Sep 24, 2026

JUDGMENT enters in accordance with the Order of 9/24/2026. So Ordered by District Judge Melissa R. DuBose on 9/24/2026. (Potter, Carrie) (Entered: 09/24/2026)

Sep 24, 2026

Order on Petition for Writ of Habeas Corpus

Sep 24, 2026

NOTICE of Hearing: Chambers Conference set for 9/24/2026 at 10:30 AM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 524 7534, Passcode: 085063) (Urizandi, Nissheneyra)

Sep 24, 2026

Notice of Hearing (Form Attached)

Sep 24, 2026

TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus arguing that his continued detention by immigration officials without a bond hearing is unlawful. ECF No. 6. The Government concedes Petitioner has been detained under 8 U.S.C. § 1226(a). ECF No. 5. As such, the Petitioner is entitled to a bond hearing. See Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). The instant Petition for Writ of Habeas is therefore GRANTED. The Court ORDERS the Government to release Petitioner no later than TOMORROW (September 25, 2026). 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 9/24/2026. (Potter, Carrie)

#9

Oct 05, 2026

Status Report