District of Rhode Island • 1:26-cv-00500

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2314257.), filed by Rafael Silva Andrade. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit exhibit)(Kravitz, Daniel) (Entered: 07/24/2026)

#3

Jul 24, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Rafael Silva Andrade. 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 7/24/2026. (Simoncelli, Michael) (Entered: 07/24/2026)

Jul 24, 2026

Case Assigned/Reassigned

Jul 24, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Jul 24, 2026

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Rafael Silva Andrade. Response to Petition for Writ of Habeas Corpus due by 7/29/2026. So Ordered by District Judge Melissa R. DuBose on 7/24/2026. (Simoncelli, Michael)

Jul 24, 2026

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

#4

Jul 29, 2026

Response to Motion

#5

Jul 30, 2026

Notice of Appearance

Jul 31, 2026

TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued detention by immigration officials is unlawful, and that he must be released or given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The Respondents have responded to the Petition and agree that "Petitioner is, in fact, a visa overstay who is detained pursuant to §1226(a) and thus is bond hearing eligible." ECF No. 4 . Accordingly, the instant Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner TODAY (July 31, 2026). Petitioner is entitled to a bond hearing, which shall take place at his previously scheduled immigration court hearing scheduled for August 11, 2026. The parties shall provide a status report to this Court within 48 hours of the conclusion of that hearing stating whether the Petitioner's request for bond was granted or denied and, if denied, the reasons for the denial. 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