District of Rhode Island • 1:26-cv-00469
Dos Santos Leite v. Nessinger
Active
Case Information
Filed: July 17, 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:
July 31, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 17, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2310856.), filed by Anderson Dos Santos Leite. (Attachments: # 1 Civil Cover Sheet)(Cornish, Carin) (Entered: 07/17/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Jul 17, 2026
ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Anderson Dos Santos Leite. 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 7/17/2026. (Simoncelli, Michael) (Entered: 07/17/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Jul 17, 2026
Case Assigned/Reassigned
Jul 17, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Jul 17, 2026
TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Anderson Dos Santos Leite. Response to Petition for Writ of Habeas Corpus due by 7/22/2026. So Ordered by District Judge Mary S. McElroy on 7/17/2026. (Simoncelli, Michael)
Jul 17, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
#4
Jul 21, 2026
Response to Motion
Main Document:
Response to Motion
#5
Jul 31, 2026
Status Report
Main Document:
Status Report
Jul 31, 2026
TEXT ORDER. Before the Court is Anderson Dos Santos Leite'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. Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1.) The Respondents are ORDERED to provide the Petitioner with a bond hearing before an Immigration Judgment pursuant to 8 U.S.C. § 1226(a) no sooner than thirty (30) days from 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. Further, the Court ORDERS the Respondents to release the Petitioner immediately pending the bond hearing. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. The Respondents shall set minimal release conditions that will reasonably assure the Petitioner's appearance at the bond hearing. Finally, the Court ORDERS the Respondents to file a status report within seven (7) 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 7/31/2026. (Potter, Carrie)
Jul 31, 2026
Order on Petition for Writ of Habeas Corpus
Parties
Party
Party
Party
Attorney
Attorney
Attorney
Firm