District of Rhode Island • 1:26-cv-00723

Leal Mendes v. Nessinger

Completed

Case Information

Filed: October 02, 2026
Assigned to: Melissa R. Dubose
Referred to: Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 20, 2026
Last Activity: October 20, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 02, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2346553.), filed by Luiz Armando Leal Mendes. (Attachments: # 1 Civil Cover Sheet Civil cover sheet)(Hurley, Brian) (Entered: 10/02/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Oct 02, 2026
ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luiz Armando Leal Mendes. 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 Melissa R. DuBose on 10/2/2026. (Simoncelli, Michael) (Entered: 10/02/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Oct 02, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Oct 02, 2026
TEXT ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luiz Armando Leal Mendes. Response to Petition for Writ of Habeas Corpus due by 10/7/2026. So Ordered by District Judge Melissa R. DuBose on 10/2/2026. (Simoncelli, Michael)
Oct 02, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Oct 02, 2026
Case Assigned/Reassigned
#4
Oct 07, 2026
MOTION to Seal Filed. (Attachments: # 1 Exhibit 5 - Arrest Warrant and Translation, # 2 Exhibit 6 - Interpol Red Notice)(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: 10/07/2026)
Main Document: Seal
#5
Oct 07, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling . (Attachments: # 1 Exhibit 1 - Form I-862 (Notice to Appear), # 2 Exhibit 2 - Form I-94 (Arrival Record), # 3 Exhibit 3 - Form I-200 (Warrant for Arrest), # 4 Exhibit 4 - IJ Bond Order)(Griffin, Trevor) (Entered: 10/07/2026)
Main Document: Response in Opposition
#8
Oct 07, 2026
MOTION to Seal Filed. (Attachments: # 1 Exhibit 1 - to Notice [ECF 7])(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: 10/07/2026)
Main Document: Seal
#9
Oct 07, 2026
MOTION to Seal Notice [ECF 7] Filed. (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: 10/07/2026)
Main Document: Seal
Oct 07, 2026
TEXT ORDER granting 4 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 10/7/2026. (Urizandi, Nissheneyra)
Oct 07, 2026
Order on Motion to Seal
Oct 08, 2026
TEXT ORDER granting 8 Motion to Seal; granting 9 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 10/8/2026. (Urizandi, Nissheneyra)
Oct 08, 2026
TEXT ORDER: A reply to the government's response is due October 9, 2026. So Ordered by District Judge Melissa R. DuBose on 10/8/2026. (Urizandi, Nissheneyra)
Oct 08, 2026
Order on Motion to Seal AND Order on Motion to Seal
Oct 08, 2026
Order
#11
Oct 09, 2026
MOTION to Seal Portions of Reply and to Accept Reply as Timely Filed Filed. (Attachments: # 1 Petitioner's Reply - Unredacted - Filed Under Seal, # 2 Petitioner's Reply - Redacted Copy)(Hurley, Brian) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 10/09/2026)
Main Document: Seal
#13
Oct 13, 2026
REPLY MEMORANDUM re 5 Response in Opposition, . (Hurley, Brian) (Entered: 10/13/2026)
Main Document: Reply Memorandum
Oct 13, 2026
Notice of Hearing on Motion
Oct 13, 2026
TEXT ORDER granting 11 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 10/13/2026. (Urizandi, Nissheneyra)
Oct 13, 2026
Order on Motion to Seal
Oct 13, 2026
NOTICE of Hearing re 1 Emergency PETITION for Writ of Habeas Corpus. Hearing set for 10/16/2026 at 10:00 AM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 577 4094, Passcode: 766307) (Urizandi, Nissheneyra)
#14
Oct 16, 2026
MOTION to Seal Filed. (Attachments: # 1 Notice of filing of documents, # 2 Exhibit Cancellation of interpol red notice - Portuguese original, # 3 Exhibit Cancellation of interpol red notice - English translation)(Hurley, Brian) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 10/16/2026)
Main Document: Seal
#16
Oct 16, 2026
NOTICE by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling re Notice of Hearing on Motion Responding to Request During October 16, 2026, Hearing (Attachments: # 1 Exhibit 1 - Form I-200 from Dolce v. Nessinger, 26-cv-00607-MRD-AEM (D.R.I. September 14, 2026))(Griffin, Trevor) (Entered: 10/16/2026)
Main Document: Notice (Other)
Oct 16, 2026
TEXT ORDER granting 14 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 10/16/2026. (Urizandi, Nissheneyra)
Oct 16, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 10/16/2026 re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luiz Armando Leal Mendes. (B. Hurley, T. Griffin) Arguments heard. The Court will continue the hearing to Tuesday, 10/20/2026 at 2:00 PM. Parties to provide the Court will the information discussed at the hearing. (Court Reporter Adam Derham in Courtroom Zoom at 10:05 AM) (Urizandi, Nissheneyra)
Oct 16, 2026
Order on Motion to Seal
#17
Oct 20, 2026
MOTION to Seal Filed. (Attachments: # 1 Notice of filing of documents, # 2 Exhibit Exhibit 1 Asylum Application (Form I-589) FILED UNDER SEAL, # 3 Exhibit Exhibit 2 2019 Tax Return FILED UNDER SEAL, # 4 Exhibit Exhibit 3 2020 Tax Return FILED UNDER SEAL, # 5 Exhibit Exhibit 4 2021 Tax Return FILED UNDER SEAL, # 6 Exhibit Exhibit 5 2022 Tax Return FILED UNDER SEAL, # 7 Exhibit Exhibit 6 2023 Tax Return FILED UNDER SEAL, # 8 Exhibit Exhibit 7 2024 Tax Return FILED UNDER SEAL, # 9 Exhibit Exhibit 8 2025 Tax Return FILED UNDER SEAL, # 10 Exhibit Exhibit 9 Employment Authorization Document and Renewal Receipt Notice FILED UNDER SEAL)(Hurley, Brian) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 10/20/2026)
Main Document: Seal
#18
Oct 20, 2026
JUDGMENT entered granting Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 10/20/2026. (Urizandi, Nissheneyra) (Entered: 10/20/2026)
Main Document: Judgment
Oct 20, 2026
NOTICE of Hearing re continuation of 1 Emergency PETITION for Writ of Habeas Corpus: Hearing set for 10/20/2026 at 2:00 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 626 8159, Passcode: 872506) (Urizandi, Nissheneyra)
Oct 20, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Continuation of Motion Hearing held on 10/20/2026 re 1 Emergency PETITION for Writ of Habeas Corpus filed by Luiz Armando Leal Mendes. (B. Hurley, T. Griffin) Arguments heard. The Court takes matter under advisement. Recess. (Court Reporter Lisa Schwam in Courtroom Zoom at 2:00 PM) (Urizandi, Nissheneyra)
Oct 20, 2026
Order on Motion to Seal
Oct 20, 2026
TEXT ORDER: The Petitioner has filed an Emergency Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued detention by immigration officials is unlawful, and that he must be released and given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). There is no dispute that Petitioner was arrested pursuant to an arrest warrant citing Section 236 of the Immigration and Nationality Act, which provides for discretionary detention under 8 U.S.C. § 1226. See ECF No. 5-3. Therefore, under Section 1226(a), Petitioner is entitled to a bond hearing. His Petition for Writ of Habeas is thus GRANTED. The Court ORDERS the Government to release Petitioner TODAY (October 20, 2026). The bond hearing shall be held no sooner than 30 days from the date of this Order, October 20, 2026. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 3, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. The parties shall provide a status report to this Court within 48 hours of the conclusion of that hearing stating whether the Petitioner's request for bond was granted or denied and, if denied, the reasons for the denial. So Ordered by District Judge Melissa R. DuBose on 10/20/2026. (Urizandi, Nissheneyra)
Oct 20, 2026
Order on Petition for Writ of Habeas Corpus
Oct 20, 2026
Notice of Hearing on Motion
Oct 20, 2026
Motion Hearing
Oct 20, 2026
TEXT ORDER granting 17 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 10/20/2026. (Urizandi, Nissheneyra)