District of Rhode Island • 1:26-cv-00638

De Almeida v. Nessinger

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Case Information

Filed: September 11, 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)
Active
Last Activity: September 15, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2336063.), filed by Marlon David De Almeida. (Attachments: # 1 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/11/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Sep 11, 2026
ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Marlon David De Almeida. 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 9/11/2026. (Hill, Cherelle) (Entered: 09/11/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Sep 11, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 11, 2026
TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Marlon David De Almeida. Response to Petition for Writ of Habeas Corpus due by 9/16/2026. So Ordered by District Judge Melissa R. DuBose on 9/11/2026. (Hill, Cherelle)
Sep 11, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Hill, Cherelle)
Sep 11, 2026
Case Assigned/Reassigned
#4
Sep 15, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David T. Wesling . (Attachments: # 1 Exhibit Ex 1 - Form I-286)(Griffin, Trevor) (Entered: 09/15/2026)
Main Document: Response in Opposition
#5
Sep 15, 2026
JUDGMENT entered granting the Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 9/15/2026. (Urizandi, Nissheneyra) (Entered: 09/15/2026)
Main Document: Judgment
Sep 15, 2026
Order on Petition for Writ of Habeas Corpus
Sep 15, 2026
TEXT ORDER granting 1 Petition for Writ of Habeas Corpus. The Petitioner has filed a Petition for Writ of Habeas Corpus, ECF No. 1, arguing that his continued detention by immigration officials without a bond hearing is unlawful. The Government concedes Petitioner has been detained under 8 U.S.C. § 1226(a). ECF No. 4 . As such, the Petitioner is entitled to a bond hearing. See Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). The instant Petition for Writ of Habeas is therefore GRANTED. The Court ORDERS the Government to release Petitioner TODAY (September 15, 2026). 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 9/15/2026. (Urizandi, Nissheneyra)

Parties

De Almeida
Party
Nessinger
Party