District of Rhode Island • 1:26-cv-00676

#1

Sep 23, 2026

Emergency PETITION for Writ of Habeas Corpus EMERGENCY ( Filing fee $ 5.00 receipt number ARIDC-2341435.), filed by Franklin Mendez Calle. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Salazar, Cindy) (Entered: 09/23/2026)

#3

Sep 23, 2026

ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Franklin Mendez Calle. 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 9/23/2026. (Gonzalez Gomez, Viviana) (Entered: 09/23/2026)

Sep 23, 2026

Case Assigned/Reassigned

Sep 23, 2026

TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus EMERGENCY filed by Franklin Mendez Calle. Response to Petition for Writ of Habeas Corpus due by 9/28/2026. So Ordered by Chief Judge John J. McConnell, Jr. on 9/23/2026. (Gonzalez Gomez, Viviana)

Sep 23, 2026

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

Sep 23, 2026

Order Directing Response to 2241 Habeas Petition (Immigration Cases)

#4

Sep 28, 2026

RESPONSE IN OPPOSITION by Todd Blanche, Todd M. Lyons, Markwayne Mullin, David Wesling . (Griffin, Trevor) (Entered: 09/28/2026)

#5

Sep 28, 2026

JUDGMENT in favor of Franklin Mendez Calle against David Wesling, Markwayne Mullin, Michael Nessinger, Todd Blanche, Todd M. Lyons. So Ordered by Deputy Clerk: Ryan H. Jackson on 9/28/2026. (Jackson, Ryan) (Entered: 09/28/2026)

Sep 28, 2026

Order on Petition for Writ of Habeas Corpus

Sep 28, 2026

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Before this Court is Petitioner Franklin Mendez Calle's Emergency Petition for Writ of Habeas Corpus. ECF No. 1. Under existing 1st Cir. precedent in Guerrero Orellana v. Moniz, ___ F.4th ____, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026), Respondents agree that Mr. Mendez Calle'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.1 (citing Duy Tho Hy v. Gillen, 588 F. Supp. 2d 122, 125 (D. Mass. 2008). Mr. Mendez Calle's Petition is therefore GRANTED. Respondents are ORDERED to RELEASE Franklin Mendez Calle 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. Mendez Calle has been granted bond, and, if his request for bond was denied, the reasons for that denial. With respect to attorney's fees, and consistent with EAJA rulings in this district, the Court requests that Mr. Mendez Calle provide a record of a sum certain amount to support that finding. So Ordered by Chief Judge John J. McConnell, Jr. on 9/28/2026. (Jackson, Ryan)

#6

Oct 14, 2026

Status Report

#7

Oct 16, 2026

Status Report