District of Rhode Island • 1:26-cv-00435

Ndayikeza v. Nessinger

Completed

Case Information

Filed: July 01, 2026
Assigned to: John James McConnell Jr.
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 23, 2026
Last Activity: July 23, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2303987.), filed by ERIC NDAYIKEZA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Hurvich, Carl) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Jul 01, 2026
MOTION for Omar Hajajra to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2303990 ) filed by ERIC NDAYIKEZA. (Hurvich, Carl) (Entered: 07/01/2026)
Main Document: Appear Pro Hac Vice
#4
Jul 01, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Eric Ndayikeza. 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 7/1/2026. (Simoncelli, Michael) (Entered: 07/01/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Jul 01, 2026
Case Assigned/Reassigned
Jul 01, 2026
Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
Jul 02, 2026
Order
Jul 02, 2026
Order on Motion to Appear Pro Hac Vice
Jul 02, 2026
TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 7/7/2026. 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 Chief Judge John J. McConnell, Jr. on 7/2/2026. (Potter, Carrie)
Jul 02, 2026
TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Omar Hajajra. So Ordered by Chief Judge John J. McConnell, Jr. on 7/2/2026. (Gonzalez Gomez, Viviana)
#5
Jul 07, 2026
Response to Motion
Main Document: Response to Motion
#6
Jul 08, 2026
Status Report
Main Document: Status Report
Jul 08, 2026
TEXT ORDER: Eric Ndayikeza is in the custody of Immigration and Customs Enforcement ("ICE"), and he has filed a habeas petition in which he requests, among other things, that he be provided with a bond hearing before the Immigration Court. ECF No. 1 at 5. The Government has responded to the petition and has informed the Court that Mr. Ndayikeza has a bond hearing scheduled to occur today, Wednesday, July 8, 2026. ECF No. 5 at 2 n.1. Accordingly, on or before Thursday, July 9, 2026, the parties shall file a status report, informing the Court whether the Immigration Court has granted Mr. Ndayikeza's request for release on bond. If Mr. Ndayikeza's request for bond is denied, the parties shall state the reason for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 7/8/2026. (Jackson, Ryan)
Jul 08, 2026
Order
#7
Jul 09, 2026
Order
Main Document: Order
Jul 09, 2026
Order
Jul 09, 2026
TEXT ORDER: In light of the bond hearing and release of the petitioner, the petitioner shall show cause on or before 7/13/2026 why this matter should not be dismissed. So Ordered by Chief Judge John J. McConnell, Jr. on 7/9/2026. (Jackson, Ryan)
#8
Jul 10, 2026
Status Report
Main Document: Status Report
#9
Jul 10, 2026
Notice of Appearance
Main Document: Notice of Appearance
#10
Jul 13, 2026
Status Report
Main Document: Status Report
#11
Jul 15, 2026
Status Report
Main Document: Status Report
#12
Jul 15, 2026
Seal
Main Document: Seal
Jul 15, 2026
Order on Motion to Seal
Jul 15, 2026
TEXT ORDER: The Government's latest status report provides that "ICE is shipping [Mr. Ndayikeza's] medication by UPS (Express) today to [his] home." ECF No. 11 at 2. The Government also contends that "[b]ecause [Mr. Ndayikeza] is no longer detained, and his property is being returned to him, there is no basis for this Court to retain jurisdiction over this matter, and it should be dismissed." Id. Contrary to the Government's position, it has long been recognized that federal courts have inherent power to ensure compliance with their earlier orders granting habeas relief. See Espaa v. Nessinger, No. 26-cv-014-JJM-PAS, 2026 WL 821788, at *6 (D.R.I. Mar. 25, 2026) (collecting cases); see also Shillitani v. United States, 384 U.S. 364, 370 (1966) ("[C]ourts have inherent power to enforce compliance with their lawful orders[.]"). As such, the Court shall retain jurisdiction over this matter to ensure that ICE has fully complied with the Court's order and has indeed returned all personal property back to Mr. Ndayikeza, including his diabetes and cardiac medications. So Ordered by Chief Judge John J. McConnell, Jr. on 7/15/2026. (Jackson, Ryan)
Jul 15, 2026
TEXT ORDER granting 12 Motion to Seal. So Ordered by Chief Judge John J. McConnell, Jr. on 7/15/2026. (Jackson, Ryan)
Jul 15, 2026
Order
#14
Jul 23, 2026
STATUS REPORT (Fourth Status Report) by Markwayne Mullin, Michael Nessinger, David J. Venturella, David T. Wesling. (Erickson, Stacey) (Entered: 07/23/2026)
Main Document: Status Report
#15
Jul 23, 2026
JUDGMENT in favor of Eric Ndayikeza against David J. Venturella, David T. Wesling, Markwayne Mullin, Michael Nessinger. So Ordered by Deputy Clerk: Ryan H. Jackson on 7/23/2026. (Jackson, Ryan) (Entered: 07/23/2026)
Main Document: Judgment
Jul 23, 2026
TEXT ORDER granting 1 Petition for Writ of Habeas Corpus. So Ordered by Chief Judge John J. McConnell, Jr. on 7/23/2026. (Jackson, Ryan)
Jul 23, 2026
Order on Petition for Writ of Habeas Corpus