District of Rhode Island • 1:26-cv-00703

Massamba-Bankela v. Nessinger

Completed

Case Information

Filed: September 25, 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)
Completed: October 05, 2026
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 25, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2342843.), filed by Dannick Gilcisse Massamba-Bankela. (Attachments: # 1 Supplement Habeas Identifier Statement, # 2 Civil Cover Sheet JS44, # 3 Exhibit Exh. A Letter from Sheriff Kevin Joyce)(Shapiro, Melanie) (Entered: 09/25/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
Sep 25, 2026
ORDER OF COURT: 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 9/25/2026. (Perry, Frank) (Entered: 09/25/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Sep 25, 2026
Case Assigned/Reassigned
Sep 25, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 25, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Perry, Frank)
Sep 25, 2026
TEXT ORDER ENTERED: Response to Petition for Writ of Habeas Corpus due by 9/30/2026. So Ordered by District Judge Mary S. McElroy on 9/25/2026. (Perry, Frank)
#3
Sep 30, 2026
Response in Opposition
Main Document: Response in Opposition
#4
Oct 05, 2026
JUDGMENT. So Ordered by Clerk of Court on 10/5/2026. (Simoncelli, Michael) (Entered: 10/05/2026)
Main Document: Judgment
#5
Oct 05, 2026
STATUS REPORT by Dannick Gilcisse Massamba-Bankela. (Attachments: # 1 Exhibit Exhibit A Order of the Immigration Judge on Custody Redetermination)(Corbaci, Christina) (Entered: 10/05/2026)
Main Document: Status Report
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)
#6
Oct 06, 2026
MOTION for Reconsideration re Order on Petition for Writ of Habeas Corpus,,,,, filed by Patricia Hyde, Todd Lyons, Markwayne Mullin. Responses due by 10/20/2026. (Griffin, Trevor) (Entered: 10/06/2026)
Main Document: Reconsideration
Oct 07, 2026
TEXT ORDER : The petitioner is directed to respond to 6 MOTION for Reconsideration on or before 10/8/2026 at 5:00 pm. So Ordered by District Judge Mary S. McElroy on 10/7/2026. (Potter, Carrie)
Oct 07, 2026
Order
#7
Oct 08, 2026
Response to Motion
Main Document: Response to Motion
#8
Oct 09, 2026
Seal
Main Document: Seal