District of Rhode Island • 1:26-cv-00551

#1

Aug 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2322318.), filed by Arthur Canesso Rodrigues S Faria. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit exhibit)(Kravitz, Daniel) (Entered: 08/11/2026)

#3

Aug 11, 2026

ORDER OF COURT: 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 8/11/2026. (Perry, Frank) (Entered: 08/11/2026)

Aug 11, 2026

TEXT ORDER: Response to Petition for Writ of Habeas Corpus due by 8/14/2026. So Ordered by District Judge Mary S. McElroy on 8/11/2026. (Perry, Frank)

Aug 11, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Aug 11, 2026

Case Assigned/Reassigned

Aug 11, 2026

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Perry, Frank)

#4

Aug 14, 2026

MOTION to Seal Filed. (Attachments: # 1 Exhibit Ex 1 to Motion to Seal, # 2 Exhibit Ex 3 to Motion to Seal, # 3 Exhibit Ex 4 to motion to Seal)(Griffin, Trevor) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 08/14/2026)

#5

Aug 14, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Patricia Hyde, Markwayne Mullin . (Griffin, Trevor) (Entered: 08/14/2026)

Aug 14, 2026

DOCKET NOTE regarding: 5 Response in Opposition: Electronic version of audio Exhibit 2 received and maintained in the Clerk's Office. (Gonzalez Gomez, Viviana)

Aug 14, 2026

Public Docket Note

Aug 17, 2026

Order on Motion to Seal

Aug 17, 2026

TEXT ORDER granting 4 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 8/17/2026. (Potter, Carrie)

#7

Aug 18, 2026

REPLY TO RESPONSE by Arthur Canesso Rodrigues S Faria. (Attachments: # 1 Exhibit Exhibit)(Kravitz, Daniel) Modified on 8/19/2026 to correct event type (Potter, Carrie). (Entered: 08/18/2026)

#8

Aug 27, 2026

NOTICE of Appearance by Costica Marian Mandache on behalf of Arthur Canesso Rodrigues S Faria (Mandache, Costica) (Entered: 08/27/2026)

Sep 01, 2026

Order on Petition for Writ of Habeas Corpus

Sep 01, 2026

TEXT ORDER. Before the Court is Arthur Canesso Rodrigues S Faria's Petition for habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) Mr. Faria is in immigration custody after an immigration judge ("IJ") denied bond, finding him to be a flight risk. (ECF No. 4-1.) He argues that his continued detention violates the Due Process Clause of the Fifth Amendment. To detain Mr. Faria, the government must prove by a preponderance of the evidence that he poses a flight risk, making alternatives to detention not feasible. Hernandez v. Lyons, 10 F. 4th 19, 41 (1st Cir. 2021). The IJ's flight risk determination was based on a police report of a juvenile arrest in which was uncorroborated and did not result in charges against the petitioner. (ECF No. 4-1 at 4.) The IJ also found Mr. Faria's responses to law enforcement misleading but did not adequately address the language barrier and the fact that the communication with police was effectuated through an unidentified store employee who apparently acted as a translator. (ECF No. 6-1 at 6.) Although the IJ stated that she considered alternatives to detention nothing at the hearing suggests that meaningful evidence was presented or that any argument occurred. That the judge simply listed the methods available without explanation of why they were insufficient does not meet the standards required by due process. (ECF No. 4-1 at 5.) Requiring an IJ to consider alternatives to detention at a bond hearing helps to ensure that detention is not arbitrarily imposed and that it bears a reasonable relation to the Government's interests. Indeed, "non-incarceratory measures, such as home detention, electronic monitoring, and so forth, could mitigate any danger that Petitioner pose[s] to the safety of the community." Fernandez Aguirre, 19-CV-7048 (VEC), 2019 WL 4511933, at *5 (S.D.N.Y. Sept. 18, 2019); see also Brito v. Barr, 415 F. Supp. 3d 258, 267 (D. Mass. 2019). "[R]easonable and appropriate conditions of supervision," such as "in-person reporting" to ICE, may also serve this purpose. Hechavarria v. Whitaker, 358 F. Supp. 3d 227, 243-44 & n.13 (W.D.N.Y. 2017); see also Ousman D. v. Decker, No. 20-9646 (JMV), 2020 WL 5587441, at *4 (D.N.J. Sept. 18, 2020). Accordingly, the Court GRANTS the Petitioner's habeas Petition (ECF No. 1 ) as follows. The Respondents are ORDERED to release the Petitioner immediately. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. So Ordered by District Judge Mary S. McElroy on 9/1/2026. (Potter, Carrie)