District of Rhode Island • 1:26-cv-00449

#1

Jul 13, 2026

Emergency PETITION for Writ of Habeas Corpus EMERGENCY ( Filing fee $ 5.00 receipt number ARIDC-2308432.), filed by Juan Carlos Casiano Calderon. (Attachments: # 1 Exhibit Certificate of Service, # 2 Civil Cover Sheet Civil Cover Sheet)(Salazar, Cindy) (Entered: 07/13/2026)

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Jul 13, 2026

ORDER re 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Juan Carlos Casiano Calderon. 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 7/13/2026. (Simoncelli, Michael) (Entered: 07/13/2026)

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Jul 13, 2026

NOTICE of Appearance by Andrea Lena Hyatt on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, David Wesling (Hyatt, Andrea) (Entered: 07/13/2026)

Jul 13, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)

Jul 13, 2026

TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Juan Carlos Casiano Calderon. Response to Petition for Writ of Habeas Corpus due by 7/16/2026. So Ordered by District Judge Melissa R. DuBose on 7/13/2026. (Simoncelli, Michael)

Jul 13, 2026

Case Assigned/Reassigned

Jul 13, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

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Jul 16, 2026

Response to Motion

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Jul 20, 2026

Seal

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Jul 31, 2026

JUDGMENT entered denying the Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 7/31/2026. (Urizandi, Nissheneyra) (Entered: 07/31/2026)

Jul 31, 2026

TEXT ORDER: Before the Court is Juan Carlos Casiano Calderon's Petition for Writ of Habeas Corpus, seeking immediate release from ICE custody because his detention violates the due process clause of the Fifth Amendment of the U.S. Constitution. (ECF No. 1 at 6) As the basis for the Petition, he both alleges that he has not received a custody redetermination hearing since his detention on July 10, 2026, id. para& 1, and that his due process rights have been violated by the denial of bond on the basis of dangerousness because "[a]n ICE arrest report containing uncorroborated, inconsistent and unreliable allegations of criminal charges that were eventually dismissed cannot establish dangerousness as a matter of law," id. para& 23. Rather than point out this internal factual contradiction, the Respondents generously construe the basis for the Petition as Petitioner claiming entitlement to a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF No. 4 at 1. The Respondents assert, with documentary support, that Petitioner has been twice removed from the United States, and that he is present in the country now after re-entering without inspection. Id. at 2. His detention, according to Respondents, is therefore pursuant to 8 C.F.R. § 241.8, which explains that individuals who re-enter without inspection after removal shall be removed and "ha[ve] no right to a hearing before an immigration judge." The Respondents further contend, also with documentary support, that they have complied with the notice requirements in § 241.8. Petitioner forewent the opportunity to file a reply. After carefully considering the Petition, the Response and exhibits thereto, as well as the applicable law, the Court concludes that Petitioner has not established any violation of his due process rights and is therefore not entitled to immediate release. Additionally, Petitioner has not established that he has a statutory right to a bond hearing. The Petition is therefore DENIED. So Ordered by District Judge Melissa R. DuBose on 7/31/2026. (Urizandi, Nissheneyra)

Jul 31, 2026

TEXT ORDER granting 5 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 7/31/2026. (Urizandi, Nissheneyra)

Jul 31, 2026

Order on Petition for Writ of Habeas Corpus

Jul 31, 2026

Order on Motion to Seal