District of Rhode Island • 1:26-cv-00765

Martinez Gonzalez v. Nessinger

Completed

Case Information

Filed: October 16, 2026
Assigned to: Mary Susan McElroy
Referred to: Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 29, 2026
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 16, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2353348.), filed by Rolman Gudiel Martinez Gonzalez. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 10/16/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Oct 16, 2026
MOTION for Daniel Lopez to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2353360 ) filed by Rolman Gudiel Martinez Gonzalez. (Hurvich, Carl) (Entered: 10/16/2026)
Main Document: Appear Pro Hac Vice
#4
Oct 16, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Rolman Gudiel Martinez Gonzalez. 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 10/16/2026. (Gonzalez Gomez, Viviana) (Entered: 10/16/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Oct 16, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Oct 16, 2026
TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Daniel Lopez. So Ordered by District Judge Mary S. McElroy on 10/16/2026. (Hill, Cherelle)
Oct 16, 2026
Order on Motion to Appear Pro Hac Vice
Oct 16, 2026
TEXT ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Rolman Gudiel Martinez Gonzalez. Response to Petition for Writ of Habeas Corpus due by 10/21/2026. So Ordered by District Judge Mary S. McElroy on 10/16/2026. (Gonzalez Gomez, Viviana)
Oct 16, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
Oct 16, 2026
Case Assigned/Reassigned
#5
Oct 19, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David J. Venturella, David Wesling to Petitioner's Petition for a Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1 - Form I-862, Dated October 12, 2026, # 2 Exhibit 2 - Form I-200, Dated October 12, 2026, # 3 Exhibit 3 - Form I-286, Dated October 12, 2026)(Griffin, Trevor) (Entered: 10/19/2026)
Main Document: Response in Opposition
Attachment 1: Exhibit 1 - Form I-862, Dated October 12, 2026
Attachment 2: Exhibit 2 - Form I-200, Dated October 12, 2026
Attachment 3: Exhibit 3 - Form I-286, Dated October 12, 2026
#6
Oct 22, 2026
NOTICE of Appearance by Daniel Lopez on behalf of Rolman Gudiel Martinez Gonzalez (Lopez, Daniel) (Entered: 10/22/2026)
Main Document: Notice of Appearance
#7
Oct 29, 2026
JUDGMENT enters in accordance with the Order of 10/29/2026. So Ordered by District Judge Mary S. McElroy on 10/29/2026. (Potter, Carrie) (Entered: 10/29/2026)
Main Document: Judgment
Oct 29, 2026
TEXT ORDER. Before the Court is Rolman Gudiel Martinez Gonzalez's Petition for habeas corpus under 28 U.S.C. § 2241. Upon review, the Court finds that this matter is controlled by Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1) as follows. The Respondents are ORDERED to provide the Petitioner with a bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days from the date of this order. The Respondents are ordered to provide the Petitioner and his attorney with adequate notice of the date and time of that hearing. Further, the Court ORDERS the Respondents to file a status report within five (5) days of the Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the specific reasons for that denial. So Ordered by District Judge Mary S. McElroy on 10/29/2026. (Potter, Carrie)
Oct 29, 2026
Order on Petition for Writ of Habeas Corpus