District of Rhode Island • 1:26-cv-00662

#1

Sep 21, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2339643.), filed by Wemerson Nestor Generoso. (Attachments: # 1 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/21/2026)

#2

Sep 21, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Wemerson Nestor Generoso. 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 Chief Judge John J. McConnell, Jr. on 9/21/2026. (Gonzalez Gomez, Viviana) (Entered: 09/21/2026)

Sep 21, 2026

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

Sep 21, 2026

TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Wemerson Nestor Generoso. Response to Petition for Writ of Habeas Corpus due by 9/24/2026. So Ordered by Chief Judge John J. McConnell, Jr. on 9/21/2026. (Gonzalez Gomez, Viviana)

Sep 21, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

Sep 21, 2026

Case Assigned/Reassigned

#4

Sep 23, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 09/23/2026)

#5

Sep 23, 2026

JUDGMENT in favor of Wemerson Nestor Generoso against US Department of Homeland Security, David Venturella, David T. Wesling, Markwayne Mullin, Michael Nessinger, Todd Blanche. So Ordered by Deputy Clerk: Ryan H. Jackson on 9/23/2026. (Jackson, Ryan) (Entered: 09/23/2026)

Sep 23, 2026

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Before this Court is Petitioner Wemerson Nestor Generoso's Emergency Petition for Writ of Habeas Corpus. ECF No. 1. In light of the 1st Cir. holding in Guerrero Orellana v. Moniz, ___ F.4th ____, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026), Respondents agree that Mr. Generoso's custody was governed under 8 U.S.C. §1226(a). As noted in Respondent's brief, the "[c]ourt's discretion governs whether a petitioner must exhaust his administrative remedies." ECF No. 5 at 1 n.2 (citing Duy Tho Hy v. Gillen, 588 F. Supp. 2d 122, 125 (D. Mass. 2008). Mr. Generoso's Petition is therefore GRANTED. Respondents are ORDERED to RELEASE Mr. Generoso immediately and provide him with a bond hearing under 8 U.S.C. §1226(a) within 10 calendar days of this Order. Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Mr. Generoso has been granted bond, and, if his request for bond was denied, the reasons for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 9/23/2026. (Jackson, Ryan)

Sep 23, 2026

Order on Petition for Writ of Habeas Corpus

#6

Oct 05, 2026

Status Report