District of Rhode Island • 1:26-cv-00220

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Apr 16, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 paid - receipt number 100003643), filed by Henry Michael Guanga Tacuri. (Gonzalez Gomez, Viviana) (Entered: 04/16/2026)

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Apr 16, 2026

Order - 72 Hour Habeas Order (Form Attached)

Apr 16, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Amy E. Moses. (Gonzalez Gomez, Viviana)

Apr 16, 2026

Case Assigned/Reassigned

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Apr 17, 2026

NOTICE of Appearance by Andrea Lena Hyatt on behalf of Department of Homeland Security (Hyatt, Andrea) (Entered: 04/17/2026)

Apr 17, 2026

Order

Apr 17, 2026

TEXT ORDER: The government shall respond to the Petition for Writ of Habeas Corpus (ECF No. 1 ) by Wednesday, April 22, 2026 at 12:00pm. So Ordered by District Judge Melissa R. DuBose on 4/17/2026. (Urizandi, Nissheneyra)

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Apr 21, 2026

Response to Motion

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Apr 23, 2026

Reply Memorandum

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Apr 23, 2026

Notice of Appearance

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Apr 23, 2026

Judgment

Apr 23, 2026

Order on Petition for Writ of Habeas Corpus

Apr 23, 2026

TEXT ORDER: Petitioner filed a pro se Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued detention by immigration officials is unlawful. In supplemental briefing submitted on his behalf by counsel (ECF No. 6 ) he argues must be released or given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). The Government responded to the Petition stating 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' papers, the exhibits attached thereto, and the applicable law, the Court finds that Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and 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 instant Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Petitioner TODAY (April 23, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, April 23, 2026. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 3, only to permit Petitioner's transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner's property is to be RETURNED. Finally, the Court ORDERS the Government to file a status report within two days of Petitioner'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 4/23/2026. (Urizandi, Nissheneyra)

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Jun 04, 2026

Status Report