District of Rhode Island • 1:26-cv-00661
Laguna Belalcazar v. Wesling
Completed
Case Information
Filed: September 21, 2026
Assigned to:
John James McConnell Jr.
Referred to:
Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 24, 2026
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 21, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2339401.), filed by Oscar Ivan Laguna Belalcazar. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Tietjen, Rhonda) (Entered: 09/21/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Sep 21, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Oscar Ivan Laguna Belalcazar. 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)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Sep 21, 2026
Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
Sep 21, 2026
TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Oscar Ivan Laguna Belalcazar. 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
Case Assigned/Reassigned
Sep 21, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
#4
Sep 23, 2026
MOTION to Seal Filed. (Attachments: # 1 Exhibit Ex 1 to MTS, # 2 Exhibit Ex 2 to MTS)(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: 09/23/2026)
Main Document:
Seal
#5
Sep 23, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 09/23/2026)
Main Document:
Response in Opposition
#6
Sep 23, 2026
Amended RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David T. Wesling (Amended Response to ECF 1 ). (Attachments: # 1 Exhibit Ex 1 - Expedited Removal Docs) (Griffin, Trevor) (Entered: 09/23/2026)
Main Document:
Response in Opposition
Sep 23, 2026
TEXT ORDER: The Respondents are ORDERED to provide Oscar Ivan Laguna Belalcazar 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. Belalcazar has been granted bond, and, if his request for bond was denied, the reasons for that denial. Furthermore, on or before September 25, 2026: (1) the Respondent shall produce records that shows the statutory basis for Mr. Belalcazar's arrest by DHS; and (2) the Petitioner shall state the legal basis for his request for immediate release, if in fact he was detained under 8 U.S.C. §1226. So Ordered by Chief Judge John J. McConnell, Jr. on 9/23/2026. (Jackson, Ryan)
Sep 23, 2026
TEXT ORDER granting 4 Motion to Seal. So Ordered by Chief Judge John J. McConnell, Jr. on 9/23/2026. (Jackson, Ryan)
Sep 23, 2026
Order on Motion to Seal
Sep 23, 2026
Order
Sep 24, 2026
Order on Petition for Writ of Habeas Corpus
Sep 24, 2026
TEXT ORDER: Considering Respondent's initial administrative error and good faith correction, an analysis of Respondent's amended rationale renders Petitioner's detention illegal under 1st Circuit precedent. As a result, Mr. Laguna Belalcazar need not argue the merits of his bond release for he was erroneously detained under § 1225(b)(1) to begin with. ECF No. 6 at 1. Instead, Respondents are ORDERED to release Oscar Ivan Laguna Belalcazar immediately as he awaits his bond hearing. See Text Order filed on September 23, 2026. With respect to the details of his release, the Court GRANTS Respondent's request to transfer Mr. Laguna Belalcazar to the Boston ICE Filed Office located in Burlington, Massachusetts to facilitate his release and return of property. So Ordered by Chief Judge John J. McConnell, Jr. on 9/24/2026. (Potter, Carrie)
#8
Oct 09, 2026
Status Report
Main Document:
Status Report
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