District of Rhode Island • 1:26-cv-00697
Palacios Martinez v. Wesling
Completed
Case Information
Filed: September 25, 2026
Assigned to:
John James McConnell Jr.
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 01, 2026
Last Activity:
October 01, 2026
Parties:
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Docket Entries
#1
Sep 24, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12060693 Fee status: Filing Fee paid., filed by Jose Santos Palacios Martinez. (Attachments: # 1 Exhibit Ex. A - Birth Certificate of GRPL, # 2 Exhibit Ex. B - Birth Certificate of GJPL, # 3 Civil Cover Sheet, # 4 Category Form)(Ritenour, Amelia) (Entered: 09/24/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Sep 24, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (SP) (Entered: 09/24/2026)
#3
Sep 24, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (MAC) (Entered: 09/24/2026)
Main Document:
Order
#4
Sep 24, 2026
Judge Brian E. Murphy: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL entered. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Monday, September 28, 2026. Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, October 1, 2026.(MAC) (Entered: 09/24/2026)
Main Document:
Order
#5
Sep 24, 2026
NOTICE by David Wesling of Petitioner's Place of Confinement (Brazier, Alexandra) (Entered: 09/24/2026)
Main Document:
Notice (Other)
Sep 24, 2026
Notice (Other)
#6
Sep 25, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner’s immediate custodian.” Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). This Court lacks jurisdiction over the habeas petition because Petitioner was not detained in Massachusetts when he filed his petition. See Padilla, 542 U.S. at 442. From September 23, 2026 at around 5:12 p.m. onward, he has been under ICE custody in Rhode Island. Dkt. 5 at 1. Petitioner filed the habeas petition at 1:20 p.m. on September 24, 2026. In the circumstances of this case, transferring his petition to the District of Rhode Island is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631. Accordingly, Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the District of Rhode Island pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (MBM) (Entered: 09/25/2026)
#7
Sep 25, 2026
Case transferred in from District of Massachusetts; Case Number 1:26-cv-14369. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) through PACER.gov (Entered: 09/25/2026)
Main Document:
Case Transferred In - District Transfer
#8
Sep 25, 2026
ORDER re 1 filed by Jose Santos Palacios Martinez. 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 9/25/2026. (Simoncelli, Michael) (Entered: 09/25/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Sep 25, 2026
Order
Sep 25, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Sep 25, 2026
TEXT ORDER re 1 filed by Jose Santos Palacios Martinez. Response to Petition for Writ of Habeas Corpus due by 9/30/2026. So Ordered by Chief Judge John J. McConnell, Jr. on 9/25/2026. (Simoncelli, Michael)
#9
Sep 30, 2026
MOTION to Seal Filed. (Attachments: # 1 Exhibit 1 - NCIC III, # 2 Exhibit 2 - PD 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: 09/30/2026)
Main Document:
Seal
#10
Sep 30, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David T. Wesling . (Griffin, Trevor) (Entered: 09/30/2026)
Main Document:
Response in Opposition
#11
Oct 01, 2026
JUDGMENT in favor of Jose Santos Palacios Martinez against David Venturella, David T. Wesling, Markwayne Mullin, Todd Blanche. So Ordered by Deputy Clerk: Ryan H. Jackson on 10/1/2026. (Jackson, Ryan) (Entered: 10/01/2026)
Main Document:
Judgment
Oct 01, 2026
Order on Petition for Writ of Habeas Corpus
Oct 01, 2026
Order on Motion to Seal
Oct 01, 2026
TEXT ORDER granting 9 Motion to Seal. So Ordered by Chief Judge John J. McConnell, Jr. on 10/1/2026. (Jackson, Ryan)
Oct 01, 2026
TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Before this Court is Petitioner Jose Santos Palacios Martinez's Emergency Petition for Writ of Habeas Corpus. ECF No. 1. Given Respondent's concession that Mr. Palacios Martinezs detention was executed under §1226(a), the Court GRANTS the petition. As such, Respondents are ORDERED to immediately release Jose Santos Palacios Martinez and provide him with a bond redetermination 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. Palacios Martinez has been granted bond, and, if his request for bond was denied, the reasons for that denial. The issues raised by the Respondents are rejected by the Court for the reasons stated in numerous orders previously before the Court concerning §2241 immigration habeas petitions. So Ordered by Chief Judge John J. McConnell, Jr. on 10/1/2026. (Jackson, Ryan)
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