District of Rhode Island • 1:26-cv-00530

#1

Aug 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2319766.), filed by Jose Enrique Monterroso Reyes. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(McCaffrey, Ann) (Entered: 08/05/2026)

#3

Aug 05, 2026

ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Jose Enrique Monterroso Reyes. 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 8/5/2026. (Gonzalez Gomez, Viviana) (Entered: 08/05/2026)

#4

Aug 05, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 08/05/2026)

Aug 05, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

Aug 05, 2026

TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Jose Enrique Monterroso Reyes. Response to Petition for Writ of Habeas Corpus due by 8/10/2026. So Ordered by District Judge Mary S. McElroy on 8/5/2026. (Gonzalez Gomez, Viviana)

Aug 05, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Aug 05, 2026

Case Assigned/Reassigned

#5

Aug 06, 2026

JUDGMENT. So Ordered by Clerk of Court on 8/6/2026. (Simoncelli, Michael) (Entered: 08/06/2026)

Aug 06, 2026

Order on Petition for Writ of Habeas Corpus

Aug 06, 2026

TEXT ORDER. Before the Court is Jose Enrique Monterroso Reyes' 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 Judge, 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 two (2) 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 8/6/2026. (Simoncelli, Michael)