District of Rhode Island • 1:26-cv-00263

Lemus Lazo v. Nessinger

Completed

Case Information

Filed: April 29, 2026
Assigned to: Melissa R. Dubose
Referred to: Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 08, 2026
Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#2
Apr 29, 2026
PETITION for Writ of Habeas Corpus, filed by Jian Carlos Lemus Lazo. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Simoncelli, Michael) (Entered: 04/29/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Apr 29, 2026
ORDER re 2 PETITION for Writ of Habeas Corpus filed by Jian Carlos Lemus Lazo. 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 4/29/2026. (Simoncelli, Michael) (Entered: 04/29/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Apr 29, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Apr 29, 2026
Case Assigned/Reassigned
Apr 30, 2026
TEXT ORDER: The government shall file their response to the Petitioner's 2 Petition for Writ of Habeas Corpus by Monday, May 4, 2026 at 10:00 AM. So Ordered by District Judge Melissa R. DuBose on 4/30/2026. (Urizandi, Nissheneyra)
Apr 30, 2026
Habeas Petition Filing Fee Paid $ 5.00, Receipt Number ARIDC-2272308. (Formaggia, Carlos)
Apr 30, 2026
Order
Apr 30, 2026
Habeas Petition Filing Fee
#4
May 04, 2026
MOTION to Seal Filed. (Attachments: # 1 Supporting Memorandum, # 2 Proposed Sealed Document, # 3 Exhibit EXHIBIT 1- Form I-187)(Lowell, Christine) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 05/04/2026)
Main Document: Seal
May 04, 2026
TEXT ORDER granting 4 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 5/4/2026. (Urizandi, Nissheneyra)
May 04, 2026
Order on Motion to Seal
#6
May 12, 2026
STATUS REPORT by Jian Carlos Lemus Lazo. (Formaggia, Carlos) (Entered: 05/12/2026)
Main Document: Status Report
May 13, 2026
Notice of Hearing on Motion
May 13, 2026
NOTICE of Hearing re 2 PETITION for Writ of Habeas Corpus: Hearing set for 5/15/2026 at 1:00 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 412 4590, Passcode: 300268) (Urizandi, Nissheneyra)
May 15, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 5/15/2026 re 2 PETITION for Writ of Habeas Corpus filed by Jian Carlos Lemus Lazo. (C. Formaggia, C. Lowell) Arguments heard. This hearing is continued to May 22, 2026 at 10:00 AM. (Court Reporter Lisa Schwam in Courtroom Zoom at 1:00 PM) (Urizandi, Nissheneyra)
May 18, 2026
NOTICE of Hearing re 2 PETITION for Writ of Habeas Corpus: Continuation of Hearing set for 5/22/2026 at 10:00 AM in Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 216 4526, Passcode: 172843) (Urizandi, Nissheneyra)
May 18, 2026
Motion Hearing
May 18, 2026
Notice of Hearing on Motion
#7
May 22, 2026
MEMORANDUM IN SUPPORT by Jian Carlos Lemus Lazo in support of 2 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00.) . (Attachments: # 1 Exhibit Record G28s, # 2 Exhibit A-G)(Formaggia, Carlos) (Entered: 05/22/2026)
Main Document: Memorandum in Support
#8
May 22, 2026
SUPPLEMENTAL RESPONSE to 2 Petition for Writ of Habeas Corpus, filed by Patricia Hyde, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Lowell, Christine) Clerk's Office corrected docket text on 5/27/2026 to indicate filing is a supplemental response, not a reply, and tied it to the Petition. (Gonzalez Gomez, Viviana) (Entered: 05/22/2026)
Main Document: Reply to Response
#9
May 22, 2026
MOTION to Seal Filed. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit ERO Decision, # 3 Exhibit RAP, # 4 Exhibit Statement of Facts, # 5 Exhibit Complaint, # 6 Exhibit Docket, # 7 Exhibit Order to Dismiss)(Lowell, Christine) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 05/22/2026)
Main Document: Seal
#10
May 22, 2026
NOTICE of Appearance by Elisabeth Ames on behalf of Jian Carlos Lemus Lazo (Ames, Elisabeth) (Entered: 05/22/2026)
Main Document: Notice of Appearance
May 22, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 5/22/2026 re 2 PETITION for Writ of Habeas Corpus filed by Jian Carlos Lemus Lazo. (N. Formaggia, E. Ames, C. Lowell) Arguments heard. The Court continues this matter to June 30, 2026 at 11:00 AM. (Recorded on Zoom at 10:05 AM) (Urizandi, Nissheneyra)
May 26, 2026
TEXT ORDER granting 9 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 5/26/2026. (Urizandi, Nissheneyra)
May 26, 2026
Notice of Hearing (Form Attached)
May 26, 2026
Motion Hearing
May 26, 2026
Order on Motion to Seal
May 26, 2026
NOTICE of Hearing: Continuation of Hearing re Petition for Writ of Habeas Corpus set for 6/30/2026 at 11:00 AM by Remote Hearing before District Judge Melissa R. DuBose.(Zoom Meeting ID: 165 633 2437, Passcode: 427537) (Urizandi, Nissheneyra)
Jun 18, 2026
NOTICE of Hearing re 2 PETITION for Writ of Habeas Corpus: Hearing rescheduled for 7/2/2026 at 10:00 AM by Remote Hearing before District Judge Melissa R. DuBose.(Zoom Meeting ID: 165 633 2437, Passcode: 427537) (Urizandi, Nissheneyra)
Jun 18, 2026
Notice of Hearing on Motion
#12
Jun 23, 2026
TRANSCRIPT ORDER for proceedings held on 5/15/26, 5/22/26 before Judge Melissa R. DuBose. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Ames, Elisabeth) (Entered: 06/23/2026)
Main Document: Transcript Order
#13
Jun 23, 2026
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 12 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer) (Entered: 06/23/2026)
Main Document: Transcript Order Acknowledgment (Form Attached)
Jun 25, 2026
Notice of Hearing on Motion
Jun 25, 2026
NOTICE of Hearing re Continuation of 2 PETITION for Writ of Habeas Corpus: Hearing rescheduled for 7/1/2026 at 02:00 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 633 2437, Passcode: 427537) (Urizandi, Nissheneyra)
#14
Jun 26, 2026
TRIAL BRIEF by Jian Carlos Lemus Lazo. (Attachments: # 1 Exhibit Exhibit List, Exhibits A-G)(Ames, Elisabeth) (Entered: 06/26/2026)
Main Document: Trial Brief
#15
Jul 01, 2026
MOTION to Continue filed by Patricia Hyde, Todd Blanche, Todd M. Lyons, Markwayne Mullin. Responses due by 7/15/2026. (Lowell, Christine) (Entered: 07/01/2026)
Main Document: Continue
#16
Jul 01, 2026
TRANSCRIPT of habeas held on 05/15/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 7/22/2026. Redacted Transcript Deadline set for 8/3/2026. Release of Transcript Restriction set for 9/29/2026. (Schwam, Lisa) (Entered: 07/01/2026)
Main Document: Transcript
#17
Jul 01, 2026
TRANSCRIPT of habeas held on 05/22/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 7/22/2026. Redacted Transcript Deadline set for 8/3/2026. Release of Transcript Restriction set for 9/29/2026. (Schwam, Lisa) (Entered: 07/01/2026)
Main Document: Transcript
Jul 01, 2026
Notice of Hearing on Motion
Jul 01, 2026
NOTICE of Hearing re 2 PETITION for Writ of Habeas Corpus: Continuation of Hearing set for 9/1/2026 at 2:00 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 948 2567, Passcode: 297375) (Urizandi, Nissheneyra)
Jul 01, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 7/1/2026 re 2 Petition for Writ of Habeas Corpus. (C.N. Formaggia, E. Ames, C. Lowell) The Court has a status conference with the parties. The motion to continue the hearing is granted. Clerk to schedule new date: 9/1/2026 at 2:00 PM. Recess. (Urizandi, Nissheneyra)
Jul 01, 2026
Motion Hearing
Jul 22, 2026
TEXT ORDER denying as moot 15 Motion to Continue. So Ordered by District Judge Melissa R. DuBose on 7/22/2026. (Urizandi, Nissheneyra)
Jul 22, 2026
Order on Motion to Continue
#18
Aug 31, 2026
STATUS REPORT by Jian Carlos Lemus Lazo. (Attachments: # 1 W-F-D brief, # 2 BIA Decision)(Formaggia, Carlos) (Entered: 08/31/2026)
Main Document: Status Report
Sep 01, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 9/1/2026 re 2 PETITION for Writ of Habeas Corpus as to Lemus Lazo. (C. Formaggia, E. Ames, C. Lowell) Arguments heard. (Urizandi, Nissheneyra)
#19
Sep 02, 2026
STATUS REPORT by Patricia Hyde, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Michael Nessinger. (Attachments: # 1 Exhibit 1-Declaration)(Lowell, Christine) (Entered: 09/02/2026)
Main Document: Status Report
#20
Sep 02, 2026
MOTION to Seal Filed. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit 1-Wyatt Medical, # 3 Exhibit 2-Medical Records)(Lowell, Christine) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 09/02/2026)
Main Document: Seal
#21
Sep 02, 2026
NOTICE of Appearance by Trevor John Griffin on behalf of Patricia Hyde, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Michael Nessinger (Griffin, Trevor) (Entered: 09/02/2026)
Main Document: Notice of Appearance
Sep 02, 2026
Order on Motion to Seal
Sep 02, 2026
TEXT ORDER granting 20 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 9/2/2026. (Urizandi, Nissheneyra)
Sep 04, 2026
Motion Hearing
#22
Sep 08, 2026
JUDGMENT is entered denying Petitioner's Petition for Writ of Habeas Corpus. ECF No. 2 . So Ordered by District Judge Melissa R. DuBose on 9/8/2026. (Urizandi, Nissheneyra) (Entered: 09/08/2026)
Main Document: Judgment
Sep 08, 2026
Order on Petition for Writ of Habeas Corpus
Sep 08, 2026
TEXT ORDER: Before the Court is a Petition for Writ of Habeas Corpus (ECF No. 2 ) filed by Petitioner Jian Carlos Lemus Lazo, a native and citizen of Honduras. Id. As of the date of this Text Order, the Petitioner has a final reinstated removal order to Honduras under 8 U.S.C. § 1231(a)(5). See ECF No. 19-1. Following reinstatement of a removal order, detention is governed by 8 U.S.C. § 1231(a)(6), which authorizes detention for a period reasonably necessary to effectuate removal. The Respondents have represented that Petitioner's removal is imminent, and that ICE is ready to proceed with the removal process for Petitioner. ECF No. 19 at 1. Respondents thus request that this Court deny the instant Petition and permit the Petitioner's noticed transfer to a Louisiana staging facility to occur. Id. Having demonstrated Petitioner's deportation is imminent and considering the language set forth 8 U.S.C. § 1231(a)(6), the Petition, ECF No. 2, is properly DENIED. The Respondents are DIRECTED to file the two status reports they propose in their papers: "one to confirm that the Petitioner's actual deportation has been scheduled, and the other to notify the Court that ICE has deported the Petitioner to Honduras." ECF No. 19, at 2-3. So Ordered by District Judge Melissa R. DuBose on 9/8/2026. (Urizandi, Nissheneyra)
#24
Sep 17, 2026
Status Report
Main Document: Status Report