District of Rhode Island • 1:26-cv-00815

#1

Oct 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2358987.), filed by Marco Alejandro Tuba-Pesantez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1: Bond Motion, # 3 Exhibit Exhibit 2: Leaked Email)(Andrade, Joceline) (Entered: 10/29/2026)

#3

Oct 29, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Marco Alejandro Tuba-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 10/29/2026. (Hill, Cherelle) (Entered: 10/29/2026)

Oct 29, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Rebecca L. Aitchison. (Hill, Cherelle)

Oct 29, 2026

Case Assigned/Reassigned

Oct 29, 2026

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2358987.) filed by Marco Alejandro Tuba-Pesantez. Response to Petition for Writ of Habeas Corpus due by 11/3/2026. So Ordered by District Judge Melissa R. DuBose on 10/29/2026. (Hill, Cherelle)

Oct 29, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

#4

Nov 03, 2026

MOTION TO HOLD CASE IN ABEYANCE PENDING RESULTS OF NOVEMBER 10, 2026, BOND HEARING AND, ALTERNATIVELY, HABEAS RESPONSE re: 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2358987.) filed by Markwayne Mullin, David Venturella, David Wesling. Responses due by 11/17/2026. (Attachments: # 1 Exhibit 1 - Notice of November 10, 2026, Bond Hearing, # 2 Exhibit 2 - Form I-200, # 3 Exhibit 3 - Form I-286, # 4 Exhibit 4 - Form I-862, # 5 Exhibit 5 - Guerrero Class Notice)(Griffin, Trevor) (Entered: 11/03/2026)

#5

Nov 03, 2026

MOTION to Seal Criminal History Composite Exhibit Filed. (Attachments: # 1 Exhibit A - Criminal History)(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: 11/03/2026)

#7

Nov 03, 2026

JUDGMENT entered granting Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 11/3/2026. (Urizandi, Nissheneyra) (Entered: 11/03/2026)

Nov 03, 2026

Order on Petition for Writ of Habeas Corpus

Nov 03, 2026

Order on Motion for Miscellaneous Relief

Nov 03, 2026

TEXT ORDER denying as moot 4 MOTION TO HOLD CASE IN ABEYANCE PENDING RESULTS OF NOVEMBER 10, 2026, BOND HEARING AND, ALTERNATIVELY, HABEAS RESPONSE re: 1 PETITION for Writ of Habeas Corpus. So Ordered by District Judge Melissa R. DuBose on 11/3/2026. (Urizandi, Nissheneyra)

Nov 03, 2026

TEXT ORDE: 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. 1 . The Government concedes Petitioner has been detained under 8 U.S.C. § 1226(a) but asks the Court to either hold the petition in abeyance, or deny it, because the Petitioner has a scheduled custody redetermination hearing on November 10, 2026. ECF No. 4 . After reviewing the parties' submissions and applicable law, the Court GRANTS the Petition for Writ of Habeas Corpus. The Court ORDERS the Government to release Petitioner TODAY (November 3, 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. The Court Orders the Government to file a status report within 48 hours of Petitioner's November 10, 2026 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 11/3/2026. (Urizandi, Nissheneyra)

Nov 03, 2026

TEXT ORDER granting 5 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 11/3/2026. (Urizandi, Nissheneyra)

Nov 03, 2026

Order on Motion to Seal