District of Rhode Island • 1:26-cv-00082

#1

Feb 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2240957.), filed by DAOFA XIAO. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Civil Cover Sheet)(Hurvich, Carl) (Entered: 02/09/2026)

#2

Feb 09, 2026

Habeas Petition Identifier Statement filed by DAOFA XIAO. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 02/09/2026)

#3

Feb 09, 2026

MOTION FOR RELIEF FROM PRO HAC VICE FEES filed by DAOFA XIAO. Responses due by 2/23/2026. (Attachments: # 1 Exhibit Pro Hac Vice Motion)(Hurvich, Carl) (Entered: 02/09/2026)

#4

Feb 09, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2240957.) filed by Daofa Xiao. 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 Chief Judge John J. McConnell, Jr. on 2/9/2026. (Simoncelli, Michael) (Entered: 02/09/2026)

Feb 09, 2026

AMENDED TEXT ORDER:To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the petitioner shall not be moved from FCI Berlin 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 Chief Judge John J. McConnell, Jr. on 2/9/2026. (Simoncelli, Michael)

Feb 09, 2026

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Amy E. Moses. (Hill, Cherelle)

Feb 09, 2026

Case Assigned/Reassigned

Feb 09, 2026

Order

#5

Feb 10, 2026

MOTION for Yong Ho Song to Appear Pro Hac Vice filed by Daofa Xiao. (Gonzalez Gomez, Viviana) (Entered: 02/10/2026)

#6

Feb 10, 2026

MOTION to Transfer Case filed by Todd Lyons, Kristi Noem, David Wesling. Responses due by 2/24/2026. (Bolan, Kevin) (Entered: 02/10/2026)

Feb 10, 2026

Order

Feb 10, 2026

TEXT ORDER granting 3 MOTION FOR RELIEF FROM PRO HAC VICE FEES. So Ordered by Chief Judge John J. McConnell, Jr. on 2/10/2026. (Jackson, Ryan)

Feb 10, 2026

Order on Motion to Appear Pro Hac Vice

Feb 10, 2026

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Yong Ho Song. So Ordered by Chief Judge John J. McConnell, Jr. on 2/10/2026. (Gonzalez Gomez, Viviana)

Feb 10, 2026

TEXT ORDER: Respondents shall file a response to the PETITION for Writ of Habeas Corpus on or before Monday, February 16, 2026. So Ordered by Chief Judge John J. McConnell, Jr. on 2/10/2026. (Jackson, Ryan)

Feb 10, 2026

Order on Motion for Miscellaneous Relief

#7

Feb 11, 2026

RESPONSE In Opposition to 6 MOTION to Transfer Case filed by Daofa Xiao. Replies due by 2/18/2026. (Song, Yong) (Entered: 02/11/2026)

#8

Feb 13, 2026

MEMORANDUM AND ORDER granting 1 Petition for Writ of Habeas Corpus as to Daofa Xiao and denying 6 Motion to Transfer Case. So Ordered by Chief Judge John J. McConnell, Jr. on 2/13/2026. (Jackson, Ryan) (Entered: 02/13/2026)

#9

Feb 13, 2026

JUDGMENT in favor of Daofa Xiao against FCI Berlin, Warden, David Wesling, Kristi Noem, Todd Lyons. So Ordered by Deputy Clerk: Ryan H. Jackson on 2/13/2026. (Jackson, Ryan) (Entered: 02/13/2026)

#10

Feb 18, 2026

NOTICE by Todd Lyons, Kristi Noem, David Wesling re 9 Judgment, Order,, or, alternatively, motion to transfer on Feb. 19, 2026 (Attachments: # 1 Exhibit State Court Writ)(Bolan, Kevin) (Entered: 02/18/2026)

Feb 18, 2026

TEXT ORDER re: 10 Notice (Other) filed by David Wesling, Kristi Noem, Todd Lyons: To effectuate this Court's February 13th, 2026 order, requiring the Government to transport Daofa Xiao to Rhode Island so that he may be present in state court for his pending criminal proceedings, ECF No. 8, the Government seeks leave to move Mr. Xiao to the Wyatt Detention Facility in Central Falls, Rhode Island for a longer-term basis. ECF No. 10. The Government's request is GRANTED, and Mr. Xiao will remain in custody in Rhode Island until further notice. The Court's February 13th order is amended as follows:The Government shall immediately transfer Daofa Xiao from the Federal Correctional Institution in Berlin, New Hampshire to the Wyatt Detention Facility in Central Falls, Rhode Island, where he shall remain in custody until further notice. The Government shall ensure that Mr. Xiao is transported to the Washington County Superior Court for his arraignment, as well as each and every hearing, trial, or other court date calendared in case number W2-2019-0094B. While these proceedings are ongoing, the Government shall not remove Mr. Xiao from Rhode Island without providing the Court with at least 72 hours advance notice of the move and the reason therefore. So Ordered by Chief Judge John J. McConnell, Jr. on 2/18/2026. (Jackson, Ryan)

Feb 18, 2026

Order

#11

Mar 04, 2026

MOTION to Lift No-Transfer Order filed by Daofa Xiao. Responses due by 3/18/2026. (Attachments: # 1 IJ Bond Grant Order)(Song, Yong) (Entered: 03/04/2026)

Mar 04, 2026

TEXT ORDER: The Court previously entered an order, restricting Immigration and Customs Enforcement ("ICE") officials from removing Daofa Xiao from Rhode Island without advance notice to the Court. See Text Order (Feb. 18, 2026). Given that an immigration judge has granted Mr. Xiao's request for release on bond, the Court GRANTS Mr. Xiao's motion to lift the Court's no-transfer order. ECF No. 11. Upon payment of the bond tomorrow, March 5, 2026, the Government shall transfer Mr. Xiao to the Boston ICE Field Office in Burlington, Massachusetts for the sole purpose of processing Mr. Xiao's release and returning any property seized from Mr. Xiao. The Government shall also file a status report with the Court no later than tomorrow, March 5, 2026, indicating that Mr. Xiao has been released. So Ordered by Chief Judge John J. McConnell, Jr. on 3/4/2026. (Jackson, Ryan)

Mar 04, 2026

Order on Motion for Miscellaneous Relief

#12

Mar 05, 2026

STATUS REPORT by Kristi Noem, David Wesling. (Bolan, Kevin) (Entered: 03/05/2026)