District of Rhode Island • 1:26-cv-00527

#1

Aug 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2318217.), filed by Emerson Eliezer Valey Amperes. (Attachments: # 1 Civil Cover Sheet)(Freidel, Irene) (Entered: 08/01/2026)

#3

Aug 01, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Emerson Eliezer Valey Amperes. 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 8/1/2026. (Simoncelli, Michael) (Entered: 08/01/2026)

Aug 01, 2026

Case Assigned/Reassigned

Aug 01, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Aug 01, 2026

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Emerson Eliezer Valey Amperes. Response to Petition for Writ of Habeas Corpus due by 8/5/2026. So Ordered by District Judge Melissa R. DuBose on 8/1/2026. (Simoncelli, Michael)

Aug 01, 2026

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

#4

Aug 04, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 08/04/2026)

#5

Aug 04, 2026

JUDGMENT entered granting Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 8/4/2026. (Urizandi, Nissheneyra) (Entered: 08/04/2026)

Aug 04, 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 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 no later than TOMORROW (August 5, 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 8/4/2026. (Urizandi, Nissheneyra)

Aug 04, 2026

Order on Petition for Writ of Habeas Corpus