District of Rhode Island • 1:26-cv-00637

Farias Junior v. Nessinger

Completed

Case Information

Filed: September 11, 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: September 14, 2026
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
PETITION for Writ of Habeas Corpus filed by Uiter Sacramento Farias Junior. (Attachments: # 1 Letter)(Potter, Carrie) (Entered: 09/11/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
Sep 11, 2026
ORDER 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. (Potter, Carrie) (Entered: 09/11/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
#3
Sep 11, 2026
Emergency MOTION for Temporary Restraining Order filed by Uiter Sacramento Farias Junior. (Potter, Carrie) (Entered: 09/11/2026)
Main Document: Temporary Restraining Order
#4
Sep 11, 2026
ORDER entered directing the petitioner to pay the habeas corpus filing fee in the amount of $5.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 10/13/2026. So Ordered by District Judge Melissa R. DuBose on 9/11/2026. (Potter, Carrie) (Entered: 09/11/2026)
Main Document: Order Directing Plaintiff to Pay Filing Fee (Form Attached)
Sep 11, 2026
ORDER : 1 PETITION for Writ of Habeas Corpus filed by Uiter Sacramento Farias Junior - 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. (Potter, Carrie)
Sep 11, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
#5
Sep 14, 2026
RESPONSE IN OPPOSITION by Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 09/14/2026)
Main Document: Response in Opposition
#6
Sep 14, 2026
JUDGMENT entered granting Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 9/14/2026. (Urizandi, Nissheneyra) (Entered: 09/14/2026)
Main Document: JUDGMENT
Sep 14, 2026
TEXT ORDER: 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. 5 . 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 14, 2026). The Court MODIFIES its Order, ECF No. 2, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. Further, 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. Finally, Petitioner's Motion for Temporary Restraining Order (ECF No. 3 ) is DENIED as moot. So Ordered by District Judge Melissa R. DuBose on 9/14/2026. (Urizandi, Nissheneyra)
Sep 14, 2026
Order on Motion for TRO AND Order on Petition for Writ of Habeas Corpus
Sep 14, 2026
Filing fee: $ 5.00, receipt number 100004031 (Hill, Cherelle)
Sep 14, 2026
Filing Fee Received

Parties

Farias Junior
Party
Nessinger
Party