District of Rhode Island • 1:26-cv-00657

#1

Sep 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2338833.), filed by ADIEL ERNESTO VEGA HERNANDEZ. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 09/18/2026)

#2

Sep 18, 2026

Habeas Petition Identifier Statement filed by ADIEL ERNESTO VEGA HERNANDEZ. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 09/18/2026)

#3

Sep 18, 2026

ORDER re 1 PETITION for Writ of Habeas Corpus filed by Adiel Ernesto Vega Hernandez. 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 9/18/2026. (Hill, Cherelle) (Entered: 09/18/2026)

Sep 18, 2026

Case Assigned/Reassigned

Sep 18, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Sep 18, 2026

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Adiel Ernesto Vega Hernandez. Response to Petition for Writ of Habeas Corpus due by 9/23/2026. So Ordered by District Judge Mary S. McElroy on 9/18/2026. (Hill, Cherelle) Modified Text on 9/18/2026 (Hill, Cherelle).

Sep 18, 2026

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

#4

Sep 21, 2026

MOTION to Transfer Case filed by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David T. Wesling. Responses due by 10/5/2026. (Attachments: # 1 Exhibit Ex 1 - ICE Detainee Locator, # 2 Exhibit Ex 2 - Manifest of Flight Mission, # 3 Exhibit Ex 3 - Communications Re: Flight Mission)(Griffin, Trevor) (Entered: 09/21/2026)

Sep 22, 2026

TEXT ORDER. Respondents' Motion to Transfer Case (ECF No. 4) asserts that the Petitioner was not in the District of Rhode Island when the Petition was filed, but it relies on unauthenticated exhibits and an unsworn representation. By the close of business on Wednesday, September 23, 2026, the Respondents shall file a sworn declaration from an individual(s) with personal knowledge establishing the date and time the Petitioner was released from the Wyatt Detention Facility, boarded Mission #26-008432, and was booked into the Pine Prairie ICE Processing Center. The declarations shall attach the following: (1) Wyatts release or transfer records for the Petitioner; (2) the ICE Form I-216; (3) records of the Petitioner's ground transport from Wyatt to Hanscom Field; (4) the final flight manifest and any boarding or head-count confirmation for Mission #26-008432; and (5) Pine Prairie intake and booking records showing date and time. Information identifying other detainees may be redacted. The Court will then determine whether an evidentiary hearing is necessary. So Ordered by District Judge Mary S. McElroy on 9/22/2026. (Potter, Carrie)

Sep 22, 2026

Order

#5

Sep 23, 2026

NOTICE by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, Adiel Ernesto Vega Hernandez, David J. Venturella, David T. Wesling re Order,,,, (Attachments: # 1 Exhibit Ex 1 to Response, # 2 Exhibit Ex 2 to Response, # 3 Exhibit Ex 3 to Response, # 4 Exhibit Ex 4 to Response)(Griffin, Trevor) (Entered: 09/23/2026)

#6

Sep 24, 2026

NOTICE by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David T. Wesling re Order,,,, Suppl. Filing Completing Resp. to Sept. 22, 2026, Text Order (Attachments: # 1 Exhibit Ex. 1)(Bolan, Kevin) (Entered: 09/24/2026)

#7

Oct 05, 2026

RESPONSE In Opposition to 4 MOTION to Transfer Case filed by Adiel Ernesto Vega Hernandez. Replies due by 10/13/2026. (Attachments: # 1 Exhibit)(Hurvich, Carl) (Entered: 10/05/2026)

#8

Oct 08, 2026

ORDER: The Court DENIES the Respondents' Motion to Transfer (ECF No. 4 ) and GRANTS the Petitioner's Emergency Motion (ECF No. 7 ). The Respondents are ORDERED to return the Petitioner to ICE custody within the District of Rhode Island no later than October 15, 2026, and to file a notice confirming his location within one (1) day of his return. Pending further Order of this Court, the Respondents shall not remove the Petitioner from the United States or transfer him to any location other than this District. The Court does not reach the merits of the Petition, and the Respondents' response shall be due by October 15, 2026. So Ordered by District Judge Mary S. McElroy on 10/8/2026. (Potter, Carrie) (Entered: 10/08/2026)

Oct 08, 2026

Case reassigned to Magistrate Judge Rebecca L. Aitchison. Magistrate Judge Patricia A. Sullivan no longer assigned to the case. (Simoncelli, Michael)

Oct 08, 2026

Case Assigned/Reassigned

#9

Oct 15, 2026

MOTION to Seal Exhibits to Response in Opposition to ECF 1 Filed. (Attachments: # 1 Exhibit 2 - Form I-213, # 2 Exhibit 3 - NCIC III, # 3 Exhibit 4 - MA Criminal Docket and Incident Report)(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: 10/15/2026)

#10

Oct 15, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David T. Wesling And Notice to Court of Petitioner's Location as of October 15, 2026. (Attachments: # 1 Exhibit 1 - Notice to Appear, # 2 Exhibit 5 - Form I-200, # 3 Exhibit 6 - Form I-286, # 4 Exhibit 7 - Form I-830E)(Griffin, Trevor) (Entered: 10/15/2026)

#11

Oct 19, 2026

NOTICE by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David T. Wesling of Filing of Supplemental Record (Attachments: # 1 Exhibit 1 - Declaration)(Griffin, Trevor) (Entered: 10/19/2026)

#12

Oct 20, 2026

EXHIBITS IN SUPPORT by U.S. Department of Homeland Security, David J. Venturella, David T. Wesling, Todd Blanche, Markwayne Mullin in support of 10 Response in Opposition,. (Attachments: # 1 Exhibit Exhibit 3 - NCIC III, # 2 Exhibit Exhibit 4 - MA Criminal Docket and Incident Report)(Hill, Cherelle) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). (Entered: 10/20/2026)

Oct 20, 2026

TEXT ORDER granting 9 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 10/20/2026. (Potter, Carrie) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s).

#13

Oct 23, 2026

RESPONSE IN SUPPORT by Adiel Ernesto Vega Hernandez re 10 Response in Opposition, 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2338833.) . (Hurvich, Carl) (Entered: 10/23/2026)

Oct 23, 2026

Order on Petition for Writ of Habeas Corpus

Oct 23, 2026

TEXT ORDER. The Respondents contend that the Petitioner, Adiel Ernesto Vega Hernandez, is detained under 8 U.S.C. § 1226(c). ECF No. 10 at 2. Their own records demonstrate otherwise. ICE arrested him on a Form I-200 and served a Form I-286 custody determination. Both cite section 236 of the Immigration and Nationality Act generally, and neither invokes § 1226(c). ECF Nos. 10-2; 10-3. ICEs contemporaneous records treated him as detained under § 1226(a), not § 1226(c). ECF No. 9-1. The Respondents' declaration on statutory authority does not mention § 1226(c). ECF No. 11-1. The only Immigration Judge to review his custody relied instead on 8 U.S.C. § 1225(b)(2)(A), ECF No. 7-1 at 58, which the First Circuit has rejected. See Guerrero Orellana v. Moniz, Nos. 25-2152, 26-1094 (1st Cir. Aug. 13, 2026). ICE may not detain first and supply the justification afterward. Hall v. Nessinger, No. 25-cv-667-JJM-PAS, 2026 WL 18583, at *8 (D.R.I. Jan. 2, 2026); Deng v. Nessinger, No. 26-cv-113-JJM-AEM, 2026 WL 643198, at *4 (D.R.I. Mar. 9, 2026). The Petitioner requested Immigration Judge review of ICE's custody determination and has not received it. ECF No. 10-3 at 2. Accordingly, the Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED IN PART. The Respondents are ORDERED to provide the Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within seven (7) days. The Respondents shall file a status report within two (2) days of the hearing. So Ordered by District Judge Mary S. McElroy on 10/23/2026. (Potter, Carrie)

#14

Nov 02, 2026

Seal

#15

Nov 02, 2026

Status Report

#16

Nov 04, 2026

Enforce Judgment