District of Rhode Island • 1:26-cv-00584

Antonio v. Wesling

Completed

Case Information

Filed: August 21, 2026
Assigned to: Melissa R. Dubose
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 25, 2026
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 21, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2327486.), filed by Mendes Luvumbo Antonio. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Bremer, Hans) (Entered: 08/21/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Aug 21, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Mendes Luvumbo Antonio. 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 8/21/2026. (Hill, Cherelle) (Entered: 08/21/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Aug 21, 2026
TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Mendes Luvumbo Antonio. Response to Petition for Writ of Habeas Corpus due by 8/26/2026. So Ordered by District Judge Melissa R. DuBose on 8/21/2026. (Hill, Cherelle)
Aug 21, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
Aug 21, 2026
Case Assigned/Reassigned
Aug 21, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
#4
Aug 24, 2026
RESPONSE In Opposition to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2327486.) filed by Todd Blanche, Markwayne Mullin, David Wesling. Replies due by 8/31/2026. (Dagle, Jacqueline) (Entered: 08/24/2026)
Main Document: Response to Motion
#5
Aug 25, 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 8/25/2026. (Urizandi, Nissheneyra) (Entered: 08/25/2026)
Main Document: Judgment
Aug 25, 2026
Order on Petition for Writ of Habeas Corpus
Aug 25, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus arguing that his detention by immigration officials violates his Fifth Amendment right to Due Process, and that, pursuant to 8 U.S.C. § 1226(a), he must be released and is entitled to a bond hearing before an immigration judge. ECF No. 1 . The Government responds by acknowledging that the First Circuit's opinion in Guerrero Orellana v. Moniz controls this Petitioner's situation and requires that he be given a custody redetermination hearing. ECF No. 4 at 1 (citing ---F.4th---, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026)). ECF No. 4 . After reviewing the parties' papers and the applicable law, the Court concludes that Petitioner is entitled to an individualized custody redetermination (aka bond) hearing under § 1226(a). See Guerrero Orellana, 2026 WL 2352042, at *17. Therefore, the Petition for Writ of Habeas is GRANTED. The Court Orders the Government to release Petitioner TODAY (August 25, 2026). The Government may 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, for the sole purpose of effectuating his release. 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 8/25/2026. (Urizandi, Nissheneyra)
#6
Sep 04, 2026
Status Report
Main Document: Status Report
Sep 08, 2026
Exhibit in Support
#7
Sep 10, 2026
Status Report
Main Document: Status Report