District of Rhode Island • 1:26-cv-00793

Cabrera Montufar v. Nessinger

Completed

Case Information

Filed: October 23, 2026
Assigned to: Melissa R. Dubose
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 27, 2026
Last Activity: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 23, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2356386.), filed by Elder Rodeomiro Cabrera Montufar. (Attachments: # 1 Civil Cover Sheet) (Oliveri, Dawn) Docket text corrected on 10/23/2026. (Gonzalez Gomez, Viviana) (Entered: 10/23/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
Oct 23, 2026
NOTICE of Appearance by Dawn F. Oliveri on behalf of Elder Rodeomiro Cabrera Montufar (Oliveri, Dawn) (Entered: 10/23/2026)
Main Document: Notice of Appearance
#3
Oct 23, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Elder Rodeomiro Cabrera Montufar. 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 10/23/2026. (Gonzalez Gomez, Viviana) (Entered: 10/23/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
Oct 23, 2026
Case Assigned/Reassigned
Oct 23, 2026
TEXT ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Elder Rodeomiro Cabrera Montufar. Response to Petition for Writ of Habeas Corpus due by 10/28/2026. So Ordered by District Judge Melissa R. DuBose on 10/23/2026. (Gonzalez Gomez, Viviana)
Oct 23, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Oct 23, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)
#4
Oct 26, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling to Petitioner's Habeas Petition (ECF 1). (Attachments: # 1 Exhibit 1 - Form I862 NTA, # 2 Exhibit 2 - Form I200, # 3 Exhibit 3 - Form I286)(Griffin, Trevor) (Entered: 10/26/2026)
Main Document: Response in Opposition
#5
Oct 27, 2026
JUDGMENT entered granting the Petition for Writ of Habeas Corpus. ECF No. 1 . So Ordered by District Judge Melissa R. DuBose on 10/27/2026. (Urizandi, Nissheneyra) (Entered: 10/27/2026)
Main Document: Judgment
Oct 27, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus, ECF No. 1, arguing that his arrest and continued detention by immigration officials is unlawful. As the Government concedes, the "Petitioner has been detained under 8 U.S.C. § 1226(a)." ECF No. 4 at 1. As such, the Petitioner is entitled to a bond hearing. See Guerrero Orellana v. Moniz, 188 F.4th 1 (1st Cir. 2026). The instant Petition for Writ of Habeas is therefore GRANTED. The Court ORDERS the Government to release Petitioner TODAY (October 27, 2026). 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. Finally, the Court Orders the Government to file a status report within 48 hours of Petitioner's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by District Judge Melissa R. DuBose on 10/27/2026. (Urizandi, Nissheneyra)
Oct 27, 2026
Order on Petition for Writ of Habeas Corpus
#6
Nov 02, 2026
Status Report
Main Document: Status Report
#7
Nov 03, 2026
Status Report
Main Document: Status Report