District of Rhode Island • 1:26-cv-00669

Lodin v. Nessinger

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Case Information

Filed: September 22, 2026
Assigned to: Mary Susan McElroy
Referred to: Rebecca L. Aitchison
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 15, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 22, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2340734.), filed by M. S. Lodin. (Attachments: # 1 Civil Cover Sheet)(Congote, Juan) (Entered: 09/22/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Sep 22, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Mohammad Sultan Lodin. 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 9/22/2026. (Simoncelli, Michael) (Entered: 09/22/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Sep 22, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 22, 2026
Case Assigned/Reassigned
Sep 22, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)
Sep 22, 2026
TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Mohammad Sultan Lodin. Response to Petition for Writ of Habeas Corpus due by 9/25/2026. So Ordered by District Judge Mary S. McElroy on 9/22/2026. (Simoncelli, Michael)
#4
Sep 23, 2026
Assented MOTION for an Extension of Time to File Response/Reply as to 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2340734.) to Sept. 29, 2026 filed by Todd Blanche, Markwayne Mullin, David J. Venturella, David T. Wesling. Responses due by 10/7/2026. (Griffin, Trevor) (Entered: 09/23/2026)
Main Document: Extension of Time to File Response/Reply
#5
Sep 25, 2026
MOTION for Juan Congote to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2342498 ) filed by Mohammad Sultan Lodin. (Bremer, Hans) (Entered: 09/25/2026)
Main Document: Appear Pro Hac Vice
Sep 25, 2026
TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Juan C. Congote. So Ordered by District Judge Mary S. McElroy on 9/25/2026. (Kenny, Meghan)
Sep 25, 2026
Order on Motion to Appear Pro Hac Vice
Sep 28, 2026
TEXT ORDER granting 4 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines: 1 PETITION for Writ of Habeas Corpus - Responses due by 9/29/2026. So Ordered by District Judge Mary S. McElroy on 9/28/2026. (Potter, Carrie)
Sep 28, 2026
Order on Motion for Extension of Time to File Response/Reply
#6
Sep 29, 2026
MOTION to Seal Filed. (Attachments: # 1 Exhibit 2 - Certified Court Records)(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: 09/29/2026)
Main Document: Seal
#7
Sep 29, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David J. Venturella, David T. Wesling . (Attachments: # 1 Exhibit 1 - Notice to Appear)(Griffin, Trevor) (Entered: 09/29/2026)
Main Document: Response in Opposition
#8
Sep 30, 2026
REPLY MEMORANDUM re 7 Response in Opposition . (Congote, Juan) (Entered: 09/30/2026)
Main Document: Reply Memorandum
Oct 05, 2026
Order on Petition for Writ of Habeas Corpus
Oct 05, 2026
TEXT ORDER. The Petition (ECF No. 1) rests on factual allegations that both parties now agree are inaccurate. Additionally, the Petitioner in his reply memorandum (ECF No. 8) raises a different claim: that Respondents have not established the exception in 8 U.S.C. § 1101(a)(13)(C)(v) for treating a returning lawful permanent resident as an applicant for admission. The Petitioner's alternate request to file an amended petition is GRANTED and he shall file one by Friday, October 9, 2026. The Respondents shall respond within five days. The response shall include the legal and record basis for the Respondents' determination that the Petitioner is an applicant for admission under 8 U.S.C. § 1101(a)(13)(C)(v), including the basis for concluding that his Virginia conviction qualifies, in light of Blanche v. Lau, 146 S. Ct. 1981 (2026). The Petitioner may file a Reply within five days of the date of the Response. So Ordered by District Judge Mary S. McElroy on 10/5/2026. (Simoncelli, Michael)
Oct 06, 2026
Order
Oct 06, 2026
Order on Motion to Seal
Oct 06, 2026
TEXT ORDER granting 6 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 10/6/2026. (Potter, Carrie)
Oct 06, 2026
TEXT ORDER. The Petition (ECF No. 1 ) rests on factual allegations that both parties now agree are inaccurate. Additionally, the Petitioner in his reply memorandum (ECF No. 8) raises a different claim: that Respondents have not established the exception in 8 U.S.C. § 1101(a)(13)(C)(v) for treating a returning lawful permanent resident as an applicant for admission. The Petitioner's alternate request to file an amended petition is GRANTED and he shall file one by Friday, October 9, 2026. The Respondents shall respond within five days. The response shall include the legal and record basis for the Respondents determination that the Petitioner is an applicant for admission under 8 U.S.C. § 1101(a)(13)(C)(v), including the basis for concluding that his Virginia conviction qualifies, in light of Blanche v. Lau, 146 S. Ct. 1981 (2026). The Petitioner may file a Reply within five days of the date of the Response. So Ordered by District Judge Mary S. McElroy on 10/6/2026. (Potter, Carrie)
#10
Oct 08, 2026
AMENDED DOCUMENT by Mohammad Sultan Lodin. Petition for Habeas Corpus. (Congote, Juan) (Entered: 10/08/2026)
Main Document: Amended Document (NOT Motion)
Oct 08, 2026
Case Assigned/Reassigned
Oct 08, 2026
Case reassigned to Magistrate Judge Rebecca L. Aitchison. Magistrate Judge Patricia A. Sullivan no longer assigned to the case. (Simoncelli, Michael)
#11
Oct 13, 2026
MOTION to Seal Respondents' Response to Petitioner's Amended Habeas Petition (ECF 10) and Exhibits Filed. (Attachments: # 1 Proposed Sealed Document Respondents' Response to Petitioner's Amended Habeas Petition (ECF 10), # 2 Exhibit 1 to Respondents' Response (CBP Documents - Lodin), # 3 Exhibit 2 to Respondents' Response (Criminal History Documents - Lodin))(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: 10/13/2026)
Main Document: Seal
Oct 14, 2026
TEXT ORDER granting 11 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 10/14/2026. (Potter, Carrie)
Oct 14, 2026
Order on Motion to Seal
#13
Oct 15, 2026
REPLY MEMORANDUM to Respondents' Response to Amended Petition. (Congote, Juan) (Entered: 10/15/2026)
Main Document: Reply Memorandum

Parties

Lodin
Party
Nessinger
Party