Castro Vigil v. Nessinger et al
| Jose Alexander Castro Vigil |
| Warden Michael Nessinger, Field Office Dir. Patricia Hyde, Acting Director Todd Lyons and Secretary Kristi Noem |
| 1:2025cv00547 |
| October 22, 2025 |
| U.S. District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. ยง 1105 (a) Aliens: Habeas Corpus to Release INS Detainee |
| None |
Docket Report
This docket was last retrieved on December 2, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 DOCKET NOTE: Counsel advised on 12/1/2025 via email that the petitioner was released from custody under a $6,000.00 bond. (Potter, Carrie) |
TEXT ORDER. The parties were directed to file a status report with this court on or before November 12, 2025. Neither party has complied. A status report must be filed by December 4, 2025, or this case will be dismissed. So Ordered by District Judge Mary S. McElroy on 12/1/2025. (Potter, Carrie)
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TEXT ORDER. Upon review of the record, the parties' memoranda, and the applicable law, the Court finds that the Petitioner is entitled to a bond hearing under 8 U.S.C. 1226(a). The Petition for Writ of Habeas Corpus (ECF No. #1 ) is therefore GRANTED as follows. The Petitioner shall be provided a bond hearing before an Immigration Judge, pursuant to 8 U.S.C. 1226(a), within 7 days of this Order. Any decision to retain the Petitioner in custody following the bond hearing shall set forth the reasons for continued detention. The parties shall provide a status report to this Court within 24 hours of the conclusion of that hearing. So Ordered by District Judge Mary S. McElroy on 11/5/2025. (Potter, Carrie)
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| Filing 5 REPLY to Response re #4 Response to Motion, filed by Jose Alexander Castro Vigil. (Bremer, Hans) |
| Filing 4 RESPONSE In Opposition to #1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2199450.) filed by All Defendants. Replies due by 11/7/2025. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gendron, Ronald) |
TEXT ORDER : The Government is directed to respond to #1 PETITION for Writ of Habeas Corpus on or before 11/10/2025. So Ordered by District Judge Mary S. McElroy on 10/27/2025. (Potter, Carrie)
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Filing 3
ORDER: 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 therefor. 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 10/22/2025. (Gonzalez Gomez, Viviana)
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| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2199450.), filed by Jose Alexander Castro Vigil. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Bremer, Hans) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana) |
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TEXT ORDER. The parties were directed to file a status report with this court on or before November 12, 2025. Neither party has complied. A status report must be filed by December 4, 2025, or this case will be dismissed. So Ordered by District Judge Mary S. McElroy on 12/1/2025. (Potter, Carrie)