District of Rhode Island • 1:26-cv-00782
Velasquez de Leon v. Nessinger
Active
Case Information
Filed: October 21, 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
Active
Last Activity:
November 02, 2026
Parties:
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Docket Entries
#1
Oct 21, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2355363.), filed by Yoni Velasquez de Leon. (Attachments: # 1 Civil Cover Sheet Civil cover sheet)(Hurley, Brian) (Entered: 10/21/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#3
Oct 21, 2026
ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Yoni Velasquez de Leon. 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 10/21/2026. (Gonzalez Gomez, Viviana) (Entered: 10/21/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Oct 21, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Oct 21, 2026
Case Assigned/Reassigned
Oct 21, 2026
TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Yoni Velasquez de Leon. Response to Petition for Writ of Habeas Corpus due by 10/26/2026. So Ordered by District Judge Mary S. McElroy on 10/21/2026. (Gonzalez Gomez, Viviana)
Oct 21, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
#4
Oct 26, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling to Petitioner's Habeas Petition [ECF 1]. (Attachments: # 1 Exhibit 1 - Form I-871, # 2 Exhibit 2 - Form I-205)(Griffin, Trevor) (Entered: 10/26/2026)
Main Document:
Response in Opposition
#5
Oct 27, 2026
NOTICE by Todd Blanche, Department of Homeland Security, Markwayne Mullin, David Venturella, David Wesling of Intent to Transfer to Effectuate Reinstated Removal Order (Attachments: # 1 Exhibit 1 - Declaration of AFOD)(Griffin, Trevor) (Entered: 10/27/2026)
Main Document:
Notice (Other)
Oct 29, 2026
TEXT ORDER. Respondents assert that the petitioner is detained under 8 U.S.C. § 1231(a)(2) pursuant to a reinstated prior order of removal. ECF No. 4 at 2-3; ECF No. 4-1. Respondents further represent that they have requested a copy of the underlying December 13, 2012, order of removal but have not yet received it. ECF No. 4 at 1 n.1. To permit the Court to determine the statutory authority for Petitioner's present detention, Respondents shall file a copy of the prior order of removal on or before November 4, 2026. Petitioner may file a response limited to the supplemental filing within three (3) days of its filing. So Ordered by District Judge Mary S. McElroy on 10/29/2026. (Potter, Carrie)
Oct 29, 2026
Order
#6
Oct 30, 2026
Notice (Other)
Main Document:
Notice (Other)
#7
Nov 01, 2026
Stipulation
Main Document:
Stipulation
Nov 02, 2026
Order Entering Stipulation
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