District of Rhode Island • 1:26-cv-00067

Gil Galdamez v. Wesling

Completed

Case Information

Filed: January 31, 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: February 06, 2026
Last Activity: March 05, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 31, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2237774.), filed by Roberto Antonio Gil Galdamez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 NTA, # 3 Exhibit Exhibit 2 I-765, # 4 Exhibit Exhibit 3 I-589)(Romero, Amy) (Entered: 01/31/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#3
Jan 31, 2026
MOTION to waive PHV admission fee filed by Roberto Antonio Gil Galdamez. Responses due by 2/17/2026. (Attachments: # 1 Hargus PHV Motion)(Romero, Amy) (Entered: 01/31/2026)
Main Document: Miscellaneous Relief
#4
Jan 31, 2026
ORDER re 1 Emergency PETITION for Writ of Habeas Corpus filed by Roberto Antonio Gil Galdamez. So Ordered by District Judge Melissa R. DuBose on 1/31/2026. (Simoncelli, Michael) (Entered: 01/31/2026)
Main Document: Order
Jan 31, 2026
Case Assigned/Reassigned
Jan 31, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
Feb 02, 2026
Order
Feb 02, 2026
TEXT ORDER: The Government is ordered to respond the 1 Emergency PETITION for Writ of Habeas Corpus within 72 hours. So Ordered by District Judge Melissa R. DuBose on 2/2/2026. (Urizandi, Nissheneyra)
#5
Feb 05, 2026
Response to Motion
Main Document: Response to Motion
#6
Feb 05, 2026
Reply Memorandum
Main Document: Reply Memorandum
#7
Feb 05, 2026
Appear Pro Hac Vice
Main Document: Appear Pro Hac Vice
Feb 05, 2026
TEXT ORDER granting 3 MOTION to waive PHV admission fee . So Ordered by District Judge Melissa R. DuBose on 2/5/2026. (Urizandi, Nissheneyra)
Feb 05, 2026
Order on Motion for Miscellaneous Relief
Feb 05, 2026
Order on Motion to Appear Pro Hac Vice
Feb 05, 2026
Notice of Hearing on Motion
Feb 05, 2026
NOTICE of Hearing re 1 Emergency PETITION for Writ of Habeas Corpus: Hearing set for 2/6/2026 at 02:00 PM by Remote Hearing before District Judge Melissa R. DuBose.(Zoom Meeting ID: 161 302 6975, Passcode: 918358) (Urizandi, Nissheneyra)
Feb 05, 2026
TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Daniela Hargus. So Ordered by District Judge Melissa R. DuBose on 2/5/2026. (Urizandi, Nissheneyra)
#8
Feb 06, 2026
NOTICE of Appearance by Peter I. Roklan on behalf of Pamela J. Bondi, Executive Office of Immigration Review, Michael Nessinger, Kristi Noem, U.S. Department of Homeland Security, David Wesling (Roklan, Peter) (Entered: 02/06/2026)
Main Document: Notice of Appearance
#9
Feb 06, 2026
JUDGMENT entered granting the Petition for Writ of Habeas Corpus (ECF No. 1 ). So Ordered by District Judge Melissa R. DuBose on 2/6/2026. (Urizandi, Nissheneyra) (Entered: 02/06/2026)
Main Document: Judgment
Feb 06, 2026
Order on Petition for Writ of Habeas Corpus
Feb 06, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Hearing held on 2/6/2026 re 1 Emergency PETITION for Writ of Habeas Corpus. (A. Romero, D. Hargus, P. Roklan) The Court order that the Petitioner be released today pending a bond hearing. A text order will be issued by the court momentarily. Recess. (Court Reporter Lisa Schwam in Courtroom Zoom at 3:05 PM) (Urizandi, Nissheneyra)
Feb 06, 2026
Motion Hearing
Feb 06, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his detention by immigration officials is unlawful, and that he must be released or given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The Government responded that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and that he is not entitled to release or a bond hearing. Upon review of the parties' memoranda, the exhibits attached thereto, and the applicable law, the Court finds that Petitioner is entitled to a bond hearing under § 1226(a). See Mendes v. Hyde, No. 25-CV-627-JJM-AEM, 2025 WL 3496546 (D.R.I. Dec. 5, 2025). Therefore, the Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Mr. Galdamez TODAY (2/6/2026) pending the bond hearing. The Government shall release Mr. Galdamez on the same conditions he was previously subject to. Finally, the Court ORDERS the Government to file a status report within two days of Mr. Galdamez'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 2/6/2026. (Urizandi, Nissheneyra)
#10
Feb 25, 2026
Status Report
Main Document: Status Report
#11
Mar 02, 2026
Enforce Judgment
Main Document: Enforce Judgment
Mar 05, 2026
TEXT ORDER: Before the Court is Petitioner Galdamez's Motion to Enforce Judgment, which asks this Court to enforce its February 6, 2026 Order by "order[ing] that Respondents shall not re-detain Petitioner unless they first provide him with a constitutionally-adequate bond hearing, that takes into account his financial circumstances." ECF No. 11 at 4. The Court ordered Petitioner to be immediately released and that he was entitled a bond hearing. In accordance with that Order, it appears that Respondents released the Petitioner and afforded him a bond hearing before an immigration judge, who granted bond and set bond at $25,000. Petitioner has not directed this court to any indication in the record that ability to pay was not taken into consideration by the immigration judge or referenced any binding precedent to support his contention that the immigration court is required to explicitly consider this factor when setting a bond figure. Therefore, Petitioner's Motion to Enforce is DENIED. So Ordered by District Judge Melissa R. DuBose on 3/5/2026. (Urizandi, Nissheneyra)
Mar 05, 2026
Order on Motion to Enforce Judgment