District of Rhode Island • 1:26-cv-00501

Saldarriaga Cardona v. Wesling

Completed

Case Information

Filed: July 25, 2026
Assigned to: Melissa R. Dubose
Referred to: Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: July 30, 2026
Last Activity: July 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 25, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2314321.), filed by David Saldarriaga Cardona. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 Notice to Appear)(Viana, Antonio) (Entered: 07/25/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Jul 25, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by David Saldarriaga Cardona. 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 7/25/2026. (Simoncelli, Michael) (Entered: 07/25/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Jul 25, 2026
Case Assigned/Reassigned
Jul 25, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Jul 25, 2026
TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by David Saldarriaga Cardona. Response to Petition for Writ of Habeas Corpus due by 7/29/2026. So Ordered by District Judge Melissa R. DuBose on 7/25/2026. (Simoncelli, Michael)
Jul 25, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
#4
Jul 29, 2026
Response to Motion
Main Document: Response to Motion
#5
Jul 30, 2026
JUDGMENT entered granting the Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 7/30/2026. (Urizandi, Nissheneyra) (Entered: 07/30/2026)
Main Document: Judgment
Jul 30, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his detention by immigration officials is unlawful, and that, pursuant to under 8 U.S.C. § 1226(a), he must be released and/or is entitled to a bond hearing before an immigration judge. The Government responded that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). ECF No. 4 . After reviewing the parties' papers, the exhibit attached thereto, and the applicable law, the Court concludes that Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and is entitled to an individualized custody redetermination (aka bond) hearing under § 1226(a). See Mendes v. Hyde, No. 25-CV-627-JJM-AEM, 2025 WL 3496546 (D.R.I. Dec. 5, 2025). Therefore, the Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner TODAY (July 30, 2026). The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 3, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. Finally, the Court ORDERS the Government to file a status report within 48 hours of Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by District Judge Melissa R. DuBose on 7/30/2026. (Urizandi, Nissheneyra)
Jul 30, 2026
Order on Petition for Writ of Habeas Corpus