District of Rhode Island • 1:26-cv-00409

#1

Jun 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2300306.), filed by Zeru Enda Kotyo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Song, Yong) (Entered: 06/25/2026)

#3

Jun 25, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Zeru Enda Kotyo. 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 6/25/2026. (Simoncelli, Michael) (Entered: 06/25/2026)

Jun 25, 2026

Case Assigned/Reassigned

Jun 25, 2026

Order

Jun 25, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)

Jun 25, 2026

TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 7/2/2026. 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 6/25/2026. (Potter, Carrie)

#4

Jun 29, 2026

Response to Motion

Jun 29, 2026

Public Docket Note

#5

Jul 06, 2026

Extension of Time to File Response/Reply

Jul 06, 2026

Order on Motion for Extension of Time to File Response/Reply

#6

Jul 10, 2026

Reply to Response

Jul 21, 2026

Text Order. Before the Court is Zeru Enda Kotyo's petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) Mr. Kotyo is in immigration custody after an immigration judge ("IJ") denied bond, finding him to be a danger to public safety. Mr. Kotyo argues that the IJ violated the Due Process Clause of the Fifth Amendment by relying on a police report that he argues could not, as a matter of law, have supported the IJs decision to deny bond. To lawfully detain Mr. Kotyo, the government must prove by clear and convincing evidence that the petitioner poses a danger to the community or by a preponderance of the evidence that the petitioner poses a flight risk, making alternatives to detention not feasible. Hernandez v. Lyons, 10 F. 4th 19, 41 (1st Cir. 2021). An IJ may rely on a police report supported by internal or external corroboration in determining whether a person poses a danger to the community. Ramirez Esturban v. Nessinger, No. 26-CV-320-JJM-AEM, 2026 WL 1831401, at *67 (D.R.I. June 25, 2026); Macedo v. Wesling, No. 1:26-cv-36-JL-TSM, 2026 WL 1413156, at *3 (D.N.H. May 20, 2026). In this case, the IJ found that the report was internally corroborated. (ECF Nos. 1-3 at 3; 1-4 at 2.) The IJ considered the fact that immediately after police arrived, the victim described being beaten, that multiple officers observed injuries on the victims body indicating abuse, as well as photo evidence. It makes no difference if this Court would weigh the evidence differently. Garcia v. Hyde, 817 F. Supp. 3d 112, 126 (D.R.I. 2025). The IJ's reliance on the internally corroborated police report in denying bond cannot be considered "so arbitrary that it would offend fundamental tenets of due process." Massingue v. Streeter, No. 3:19-CV-30159-KAR, 2020 WL 1866255, at *5 (D. Mass. Apr. 14, 2020). As such, the Petition for Writ of Habeas Corpus is DENIED. So Ordered by District Judge Mary S. McElroy on 7/21/2026. (Potter, Carrie)

Jul 21, 2026

Order on Petition for Writ of Habeas Corpus