District of Rhode Island • 1:26-cv-00674

#1

Sep 23, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2341288.), filed by Michael Nganga Kariuki. (Attachments: # 1 Exhibit ODLS Screenshot (09/22/2026), # 2 Exhibit Email Correspondence with Wyatt Detention Facility, # 3 Exhibit ODLS Screenshot (09/23/2026), # 4 Exhibit IJ Decision, # 5 Exhibit OSUP (04/08/2026), # 6 Exhibit Criminal Docket, # 7 Civil Cover Sheet Civil Cover Sheet)(Bedoya, Juan) CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. Modified Security on 9/23/2026 (Hill, Cherelle). (Entered: 09/23/2026)

#3

Sep 23, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Michael Nganga Kariuki. 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 9/23/2026. (Hill, Cherelle) (Entered: 09/23/2026)

Sep 23, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Sep 23, 2026

TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Michael Nganga Kariuki. Response to Petition for Writ of Habeas Corpus due by 9/28/2026. So Ordered by District Judge Mary S. McElroy on 9/23/2026. (Hill, Cherelle)

Sep 23, 2026

Case Assigned/Reassigned

Sep 23, 2026

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

#4

Sep 24, 2026

Emergency MOTION to Transfer Petitioner to Rhode Island filed by Michael Nganga Kariuki. Responses due by 10/8/2026. (Bedoya, Juan) (Entered: 09/24/2026)

#5

Sep 24, 2026

MOTION to Transfer Case and Response to Plaintiff's Emergency Motion filed by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. Responses due by 10/8/2026. (Attachments: # 1 Exhibit Transport Log, # 2 Exhibit Email notice of petition, # 3 Exhibit Manifest, # 4 Exhibit Emails re manifest)(Hyatt, Andrea) (Entered: 09/24/2026)

#6

Sep 24, 2026

RESPONSE In Opposition to 5 MOTION to Transfer Case and Response to Plaintiff's Emergency Motion filed by Michael Nganga Kariuki. Replies due by 10/1/2026. (Bedoya, Juan) (Entered: 09/24/2026)

#7

Sep 25, 2026

ORDER : The Court DENIES the Respondents' Motion to Transfer (ECF No. 5 ) and GRANTS the Petitioner's Emergency Motion (ECF No. 4 ). So Ordered by District Judge Mary S. McElroy on 9/25/2026. (Potter, Carrie) (Entered: 09/25/2026)

#8

Sep 28, 2026

MOTION for an Extension of Time to File Response/Reply as to 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2341288.) (Unopposed) filed by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. Responses due by 10/13/2026. (Griffin, Trevor) (Entered: 09/28/2026)

#9

Sep 29, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling . (Attachments: # 1 Exhibit 1-Removal Order, # 2 Exhibit 2-OSUP Revocation, # 3 Exhibit 3-Informal Interiview, # 4 Exhibit 4-Declaration)(Griffin, Trevor) (Entered: 09/29/2026)

Sep 29, 2026

TEXT ORDER granting 8 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines: 1 Emergency PETITION for Writ of Habeas Corpus - Responses due by 9/29/2026. So Ordered by District Judge Mary S. McElroy on 9/29/2026. (Potter, Carrie)

Sep 29, 2026

Order on Motion for Extension of Time to File Response/Reply

#10

Sep 30, 2026

REPLY MEMORANDUM to Respondents' Response to Habeas Petition. (Bedoya, Juan) (Entered: 09/30/2026)

#11

Oct 02, 2026

NOTICE by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 7 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case (Griffin, Trevor) (Entered: 10/02/2026)

#12

Oct 05, 2026

JUDGMENT. So Ordered by Clerk of Court on 10/5/2026. (Simoncelli, Michael) (Entered: 10/05/2026)

Oct 05, 2026

TEXT ORDER. Before the Court is the Petitioner, Michael Nganga Kariuki's, Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1). The Petitioner challenges his re-detention following the Respondents' revocation of his prior release. The dispositive issue is whether the Respondents complied with the regulatory procedures governing revocation of release under 8 C.F.R. §§ 241.4(l) and 241.13(i). Those procedures require written notice of the reasons for revocation and then a prompt informal interview or other opportunity for the Petitioner to respond. The record here demonstrates that the only reason given by Respondents for revocation of Petitioner's release was that "[c]ircumstances have changed such that there is a significant likelihood of [his] removal in the foreseeable future" because Immigration and Customs Enforcement had "obtained a travel document and scheduled [his] removal to take place no later than: 09/30/2026" and "[n]o travel document is required for removal to Cameroon." (ECF No. 9-2 at 1.) These conclusory statements alone were insufficient to provide the Petitioner the necessary information for him to "meaningfully respond to the reasons and submit evidence in opposition, as allowed under § 241.13(i)(3)." Hall v. Nessinger, No. 25-cv-667, 2026 WL 18583, at *7 (D.R.I. Jan. 2, 2026) (quoting Sarail A v. Bondi, 803 F. Supp. 3d 775, 787 (D. Minn. 2025); see also id. (collecting cases to demonstrate how "dozens of federal courts across the country have analyzed identically worded notifications by ICE and have found them to be deficient"). Because Respondents have failed to comply with their own regulations, "the proper remedy is to order the noncitizen's release." Bulle v. Wesling, C.A. No. 26-cv-019-JJM-AEM, 2026 WL 183840, at *8 (D.R.I. Jan. 23, 2026). The Petition for Writ of Habeas Corpus is therefore GRANTED, and Respondents shall immediately release Petitioner under the conditions of his prior Order of Supervision. The Respondents may transfer to the Petitioner to the Boston ICE Field Office in Burlington, Massachusetts, to effectuate his release consistent with this Order. So Ordered by District Judge Mary S. McElroy on 10/5/2026. (Simoncelli, Michael)

Oct 05, 2026

Order

Oct 05, 2026

Corrective Docket Entry

Oct 05, 2026

Order on Petition for Writ of Habeas Corpus

Oct 05, 2026

TEXT ORDER. Before the Court is Dannick Gilcisse Massamba-Bankela'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 her 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 her release and the return of her 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 she has been granted bond and, if her request for bond was denied, the specific reasons for that denial. So Ordered by District Judge Mary S. McElroy on 10/5/2026. (Simoncelli, Michael)

Oct 05, 2026

CORRECTIVE DOCKET ENTRY Regarding: Text Order on Petition for Writ of Habeas Corpus. Entered in wrong case, please disregard. (Simoncelli, Michael)