Gonzalez Sevilla v. Wesling et al
| Todd Lyons |
| Fernando Javier Gonzalez Sevilla |
| David T. Wesling, Warden Michael Nessinger, Acting Director David J. Venturella, Secretary Markwayne Mullin and Todd Blanche |
| 1:2026cv00621 |
| September 3, 2026 |
| U.S. District Court for the District of Rhode Island |
| Amy E. Moses |
| Mary S. McElroy |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on October 16, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 STATUS REPORT Following October 14, 2026 Bond Hearing by Todd Blanche, Todd Lyons, Markwayne Mullin, David J. Venturella, David T. Wesling. (Attachments: #1 Exhibit 1 - IJ Bond Order, Dated October 15, 2026)(Griffin, Trevor) |
TEXT ORDER. Before the Court is Fernando Javier Gonzalez Sevilla's Petition for habeas corpus under 28 U.S.C. 2241. Upon review, the Court finds that this matter is controlled by Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Accordingly, the Court GRANTS the Petitioner's habeas petition (ECF No. 1) as follows. 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 9/9/2026. (Potter, Carrie)
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| Filing 4 RESPONSE IN OPPOSITION by Todd Blanche, Todd Lyons, Markwayne Mullin, David J. Venturella, David T. Wesling . (Griffin, Trevor) |
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Filing 3
ORDER re #1 PETITION for Writ of Habeas Corpus filed by Fernando Javier Gonzalez Sevilla. 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 9/3/2026. (Hill, Cherelle)
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| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2333661.), filed by Fernando Javier Gonzalez Sevilla. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Category Form)(Tietjen, Rhonda) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle) |
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TEXT ORDER re #1 PETITION for Writ of Habeas Corpus filed by Fernando Javier Gonzalez Sevilla. Response to Petition for Writ of Habeas Corpus due by 9/8/2026. So Ordered by District Judge Mary S. McElroy on 9/3/2026. (Hill, Cherelle)
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