Ninasunta Ninasunta v. Mullin et al
| Luis Fernando Ninasunta Ninasunta |
| DHS Secretary Markwayne Mullin, Todd Blanche, David T. Wesling, Michael Nessinger, David Venturella and US Immigration and Customs Enforcement |
| 1:2026cv00538 |
| August 6, 2026 |
| U.S. District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Habeas Corpus (Prison Condition) |
| 8 U.S.C. ยง 1105 (a) Aliens: Habeas Corpus to Release INS Detainee |
| None |
Docket Report
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This docket was last retrieved on August 7, 2026. A more recent docket listing may be available from PACER.
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| Filing 6 JUDGMENT. So Ordered by Clerk of Court on 8/7/2026. (Simoncelli, Michael) |
| Filing 5 RESPONSE IN OPPOSITION by Todd Blanche, Markwayne Mullin, US Immigration and Customs Enforcement, David Venturella, David T. Wesling . (Bolan, Kevin) |
TEXT ORDER granting #3 Motion to Appear Pro Hac Vice of Susan M. Pires. So Ordered by District Judge Mary S. McElroy on 8/7/2026. (Hill, Cherelle)
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TEXT ORDER. Before the Court is Luis Fernando Ninasunta Ninasunta's Petition for habeas corpus under 28 U.S.C. 2241. (ECF No. 1.) Upon review, the Court agrees with the Respondents that this case presents the same legal issues considered in Tomas Elias v. Hyde, 25-cv-540-JJM-AEM, and the Court reaches the same result here. Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1.) The Respondents are ORDERED to provide the Petitioner with a bond hearing before an Immigration Judge, pursuant to 8 U.S.C. 1226(a), no sooner than thirty (30) 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 release the Petitioner immediately pending the bond hearing. The Court permits the Petitioner's transfer to effectuate his release and the return of his property. The Respondents shall set minimal release conditions that will reasonably assure the Petitioner's appearance at the bond hearing. Finally, the Court ORDERS the Respondents to file a status report within two (2) 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 8/7/2026. (Simoncelli, Michael)
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Filing 4
ORDER OF COURT: 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 8/6/2026. (Perry, Frank)
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| Filing 3 First MOTION for Susan Pires to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2320982 ) filed by Luis Fernando Ninasunta Ninasunta. (Acevedo Perez, Denise) |
| Filing 1 First PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2320979.), filed by Luis Fernando Ninasunta Ninasunta. (Attachments: #1 Civil Cover Sheet)(Acevedo Perez, Denise) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Perry, Frank) |
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TEXT ORDER ENTERED: Response to Petition for Writ of Habeas Corpus due by 8/11/2026. So Ordered by District Judge Mary S. McElroy on 8/6/2026. (Perry, Frank)
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