District of Rhode Island • 1:26-cv-00349
Canesso Rodrigues S Faria v. Nessinger
Active
Case Information
Filed: May 28, 2026
Assigned to:
Mary Susan McElroy
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 03, 2026
Parties:
View All Parties →
Docket Entries
#1
May 28, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2286125.), filed by Arthur Canesso Rodrigues S Faria. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit exhibit)(Kravitz, Daniel) (Entered: 05/28/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
May 28, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Arthur Canesso Rodrigues S Faria. 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 5/28/2026. (Gonzalez Gomez, Viviana) (Entered: 05/28/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 28, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
May 28, 2026
Case Assigned/Reassigned
May 29, 2026
TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 6/3/2026 by 2:00 pm. The Government is ordered to include in its reply any and all information in its possession or in the possession of its clients that relates to the issues necessary to a determination of bond. Specifically, but not limited to, any criminal history, outstanding warrants, or extradition orders. So Ordered by District Judge Mary S. McElroy on 5/29/2026. (Potter, Carrie)
May 29, 2026
Order
#4
Jun 03, 2026
Response to Motion
Main Document:
Response to Motion
#5
Jun 12, 2026
Reply to Response
Main Document:
Reply to Response
#6
Jul 31, 2026
Leave to File Document
Main Document:
Leave to File Document
#7
Aug 03, 2026
JUDGMENT. So Ordered by Clerk of Court on 8/3/2026. (Simoncelli, Michael) (Entered: 08/03/2026)
Main Document:
Judgment
Aug 03, 2026
TEXT ORDER: Before the Court is Arthur Canesso Rodrigues S Faria's Petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1.) Upon review, the Court agrees with the Respondents that this case presents the same legal issues considered in Tomas Elias v. Hyde, 25-cv-540-JJM-AEM, and the Court reaches the same result here. The Court does not, at this posture, make a determination on the applicability or constitutionality of 8 U.S.C. § 1226(c). 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) within seven (7) days of the date of this order. The Respondents are ordered to provide the Petitioner and his attorney with adequate notice of the date and time of that hearing. Finally, the Court ORDERS the Respondents to file a status report within two (2) days of the Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the specific reasons for that denial. So Ordered by District Judge Mary S. McElroy on 8/3/2026. (Simoncelli, Michael)
Aug 03, 2026
Order on Petition for Writ of Habeas Corpus
Parties
Canesso Rodrigues S Faria
Party
Nessinger
Party