Completed
Case Information
Filed: September 17, 2026
Assigned to:
Mary Susan McElroy
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 23, 2026
Last Activity:
October 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2338522.), filed by Kevin Jos Arias Chavarra. (Attachments: # 1 Civil Cover Sheet civil cover sheet)(Lagana, Stephen) (Entered: 09/17/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Sep 17, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Kevin Jose Arias Chavarra. 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 9/17/2026. (Gonzalez Gomez, Viviana) (Entered: 09/17/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Sep 17, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 17, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
Sep 17, 2026
TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Kevin Jose Arias Chavarra. Response to Petition for Writ of Habeas Corpus due by 9/22/2026. So Ordered by District Judge Mary S. McElroy on 9/17/2026. (Gonzalez Gomez, Viviana)
Sep 17, 2026
Case Assigned/Reassigned
#4
Sep 22, 2026
RESPONSE IN OPPOSITION by Markwayne Mullin, David Venturella, David T. Wesling . (Attachments: # 1 Exhibit Ex 1 - Declaration, # 2 Exhibit Ex 2 - Travel Log)(Griffin, Trevor) (Entered: 09/22/2026)
Main Document:
Response in Opposition
#5
Sep 22, 2026
MOTION to Amend/Correct Petitioner's Name filed by Kevin Jose Arias Chavarra. Responses due by 10/6/2026. (Attachments: # 1 Exhibit Amended Habeas Petition, # 2 Exhibit Corrected Civil Cover Sheet, # 3 Exhibit Corrected Habeas Identifier Statement)(Lagana, Stephen) (Entered: 09/22/2026)
Main Document:
Amend/Correct
Sep 23, 2026
TEXT ORDER granting 5 Motion to Amend/Correct. So Ordered by District Judge Mary S. McElroy on 9/23/2026. (Potter, Carrie)
Sep 23, 2026
Order on Motion to Amend/Correct
Sep 23, 2026
Order on Petition for Writ of Habeas Corpus
Sep 23, 2026
TEXT ORDER. Before the Court is Kevin Jose Arias Chavarra's Petition for habeas corpus under 28 U.S.C. § 2241. Upon review, the Court finds that this matter is controlled by Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1) as follows. 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 9/23/2026. (Potter, Carrie)
Sep 24, 2026
DOCKET NOTE: Clerk's Office corrected Petitioner's name and case caption pursuant to name correction granted by 9/23/2026 Text Order. (Gonzalez Gomez, Viviana)
Sep 24, 2026
Public Docket Note
#6
Oct 28, 2026
Status Report
Main Document:
Status Report
Parties
Arias Chavarra
Party
Wesling
Party