District of Rhode Island • 1:26-cv-00798
Hernandez-Ochoa v. Nessinger
Active
Case Information
Filed: October 23, 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)
Active
Last Activity:
November 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 23, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2356726.), filed by AVISAHI HERNANDEZ-OCHOA. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(West, George) (Entered: 10/23/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Oct 23, 2026
Civil Cover Sheet filed by AVISAHI HERNANDEZ-OCHOA. Regarding New Case: 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2356726.) . (West, George) (Entered: 10/23/2026)
Main Document:
Civil Cover Sheet
#3
Oct 23, 2026
MOTION for Sara Bloom to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2356748 ) filed by Avisahi Hernandez-Ochoa. (West, George) (Entered: 10/23/2026)
Main Document:
Appear Pro Hac Vice
#4
Oct 23, 2026
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Avisahi Hernandez-Ochoa. 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. (Simoncelli, Michael) (Entered: 10/23/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
Oct 23, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Oct 23, 2026
TEXT ORDER re 1 PETITION for Writ of Habeas Corpus filed by Avisahi Hernandez-Ochoa. 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. (Simoncelli, Michael)
Oct 23, 2026
Order Directing Response to 2241 Habeas Petition (Immigration Cases)
Oct 23, 2026
Case Assigned/Reassigned
Oct 26, 2026
TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Sara Miron Bloom. So Ordered by District Judge Melissa R. DuBose on 10/26/2026. (Gonzalez Gomez, Viviana)
Oct 26, 2026
Order on Motion to Appear Pro Hac Vice
#6
Oct 28, 2026
RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, David J. Venturella, David T. Wesling to Petitioner's Habeas Petition. (Attachments: # 1 Exhibit 1 - Notice to Appear, # 2 Exhibit 2 - Removal Order, # 3 Exhibit 3 - Form I-205, # 4 Exhibit 4 - Declaration)(Griffin, Trevor) (Entered: 10/28/2026)
Main Document:
Response in Opposition
#7
Oct 29, 2026
REPLY MEMORANDUM AND OPPOSITION TO NOTICE OF TRANSFER AND DEPORTATION. (Bloom, Sara) (Entered: 10/29/2026)
Main Document:
Reply Memorandum
Oct 29, 2026
TEXT ORDER: The Court is in receipt of the Respondents' Response in Opposition (ECF No. 6) and Petitioner's Reply Memorandum (ECF No. 7). The Court understands the Respondents' position – "ICE is prepared to initiate removal forthwith upon vacatur of the Courts 72-hour hold Order," ECF No. 6 at 2 – to mean that Respondents will not effectuate removal or transfer Petitioner out of Wyatt unless and until the Court's 72-hour hold Order (ECF No. 4) is vacated by the Court and not as an actual notice of Respondents' intent to initiate removal within the next 72 hours. The 72-hour notice Order is in full force and effect until the Court adjudicates the pending Petition for Writ of Habeas Corpus. A hearing shall be scheduled the week of November 2, 2026. So Ordered by District Judge Melissa R. DuBose on 10/29/2026. (Simoncelli, Michael)
Oct 29, 2026
Order
Nov 04, 2026
Notice of Hearing on Motion
#8
Nov 06, 2026
Order on Petition for Writ of Habeas Corpus
#9
Nov 06, 2026
Judgment
Main Document:
Judgment
Nov 06, 2026
Motion Hearing
Parties
Party
Party
Party
Party
Party
Party
Attorney
Attorney
Attorney
Attorney
Firm