District of Rhode Island • 1:26-cv-00245

#1

Apr 23, 2026

First PETITION for Writ of Habeas Corpus, filed by Bryan Rafael Gomez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Shapiro, Melanie) (Entered: 04/23/2026)

#2

Apr 23, 2026

ORDER entered directing the petitioner to pay the habeas corpus filing fee in the amount of $5.00 or to file a motion to Proceed in Forma Pauperis. Filing Fee or Motion to Proceed In Forma Pauperis due on or before 5/26/2026. So Ordered by District Judge Melissa R. DuBose on 4/23/2026. (Gonzalez Gomez, Viviana) (Entered: 04/23/2026)

#3

Apr 23, 2026

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 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 Melissa R. DuBose on 4/23/2026. (Urizandi, Nissheneyra) (Entered: 04/23/2026)

Apr 23, 2026

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)

Apr 23, 2026

Order

Apr 23, 2026

Case Assigned/Reassigned

Apr 23, 2026

TEXT ORDER: The government is directed to respond to the Petitioner's Writ of Habeas Corpus, ECF No. 1, on Monday, April 27, 2026 by 12:00pm. So Ordered by District Judge Melissa R. DuBose on 4/23/2026. (Urizandi, Nissheneyra)

#5

Apr 27, 2026

Response to Motion

#6

Apr 28, 2026

Judgment

Apr 28, 2026

Order on Petition for Writ of Habeas Corpus

Apr 28, 2026

TEXT ORDER: Petitioner filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his arrest and continued 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 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. ECF No. 1 . The Court ORDERS the Government to release Petitioner TODAY (April 28, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, April 28, 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 4/28/2026. (Urizandi, Nissheneyra)

Apr 30, 2026

TEXT ORDER: On April 23, 2026, Petitioner filed a petition for writ of habeas corpus wherein he claimed that he should be granted a bond hearing under 8 U.S.C. § 1226(a). ECF No. 1 . The Government filed a responsethe same response filed in similar caseswhich argued that the Petitioner was not "entitled to immediate release or a bond hearing." ECF No. 5 at 1. Considering the petition and the Government's response, the Court ordered the petitioner released pending a bond hearing before an immigration judge. Notably, the Government's response failed to include anyfacts relative to this Petitioner, including facts relevant to an assessment of dangerousness, criminal history or risk of flight. Failing to provide this Court with relevant and material facts threatens public safety and erodes trust in the rule of law. Based on new information available to this Court as described in the U.S. Department of Homeland Security's (DHS) April 30, 2026 press release, the Respondents are ordered to show cause why they should not be held in contempt for failure to notify the Court of facts relevant to Petitioner's dangerousness and/or criminal history. A hearing will be held Monday, May 4, 2026 at 3:00 pm. So Ordered by District Judge Melissa R. DuBose on 4/30/2026. (Urizandi, Nissheneyra)

Apr 30, 2026

Order

Apr 30, 2026

Notice of Hearing (Form Attached)

Apr 30, 2026

NOTICE of Hearing: Show Cause Hearing set for 5/4/2026 at 3:00 PM by Remote Hearing before District Judge Melissa R. DuBose. Counsel will be sent the Zoom access information via email. The public may watch the proceedings on the Court's YouTube channel(@USCourtsRID). (Urizandi, Nissheneyra)

#7

May 01, 2026

Status Report

#8

May 02, 2026

Affidavit

#9

May 04, 2026

DECLARATION re Order,,,,, Decl. of Brian Sullivan and Ex. A (untranslated copy of Dominican Republic arrest warrant) by Patricia Hyde, Todd M Lyons, Markwayne Mullin. (Bolan, Kevin) (Entered: 05/04/2026)

#10

May 04, 2026

MOTION for Reconsideration re Order on Petition for Writ of Habeas Corpus,,,,,, filed by Patricia Hyde, Todd M Lyons, Markwayne Mullin. Responses due by 5/18/2026. (Bolan, Kevin) (Entered: 05/04/2026)

#11

May 04, 2026

Response to Motion

May 04, 2026

Minute Entry for proceedings held before District Judge Melissa R. DuBose: Show Cause Hearing held on 5/4/2026. (M. Shapiro, K. Bolan) Arguments heard re order to show cause. This hearing is continued to Tuesday, May 5, 2026 at 12:00pm. Recess. (Court Reporter Lisa Schwam by Zoom at 3:05 PM) (Urizandi, Nissheneyra)

May 04, 2026

Show Cause Hearing

May 04, 2026

Notice of Hearing (Form Attached)

May 04, 2026

NOTICE of Hearing: Continuation of Show Cause Hearing set for 5/5/2026 at 12:00 PM by Remote Hearing before District Judge Melissa R. DuBose. This hearing may be viewed on the Court's YouTube channel (www.YouTube.com/USCourtsRID). (Urizandi, Nissheneyra)

May 05, 2026

Show Cause Hearing

May 05, 2026

Order on Motion for Reconsideration

May 05, 2026

Minute Entry for proceedings held before District Judge Melissa R. DuBose: Show Cause Hearing held on 5/5/2026. (M. Shapiro, K. Bolan) Arguments heard. The Court to refer the government's attorney for determination of disciplinary action. The Court grants the government's motion for reconsideration and orders the petitioner detained. The government shall expedite a bond hearing in front of an immigration judge. Recess. (Court Reporter Lisa Schwam in Courtroom Zoom at 12:00 PM) (Urizandi, Nissheneyra)

May 05, 2026

TEXT ORDER: On May 4 and 5, 2026, this Court held a show-cause hearing, consistent with its April 30 Text Order, and a hearing on the Respondents' motion for reconsideration (ECF No. 10 ). After considering the facts and circumstances of this case, and specifically the Respondents' decision to withhold highly relevant information and their lack of candor to this Court, as to the show-cause hearing, the Court is referring Assistant United States Attorney Kevin Bolan for disciplinary proceedings consistent with the United States District Court, District of Rhode Island's Local Rule 210. As for the pending motion for reconsideration, the Respondents' request to re-detain the Petitioner is GRANTED. In light of the now-disclosed information regarding the judicial warrant from the Dominican Republic, the Respondents are permitted to re-detain the Petitioner. However, pursuant to the demands of 8 U.S.C. 1226(a), Respondents must afford the Petitioner with a constitutionally adequate bond hearing within 7 days of him being re-detained. The Respondents are also directed to file, upon receipt, a certified and translated copy of the Dominican Republic judicial warrant, and are further Ordered to submit a status report within 48 hours of the bond hearing, explaining if bond was granted and, if not, the reason(s) for the denial. So Ordered by District Judge Melissa R. DuBose on 5/5/2026. (Urizandi, Nissheneyra)

#12

May 06, 2026

TRANSCRIPT ORDER for proceedings held on 5/4/2026 5/5/2026 before Judge Judge DuBose. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Bolan, Kevin) (Entered: 05/06/2026)

#13

May 06, 2026

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 12 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Simoncelli, Michael) (Entered: 05/06/2026)

#14

May 07, 2026

STATUS REPORT by Patricia Hyde, Todd M Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Ex. 1 -- Certified Translation of DR Arrest Warrant for Petitioner)(Bolan, Kevin) (Entered: 05/07/2026)

#15

May 07, 2026

TRANSCRIPT of show-cause hearing held on 05/04/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/28/2026. Redacted Transcript Deadline set for 6/8/2026. Release of Transcript Restriction set for 8/5/2026. (Schwam, Lisa) (Entered: 05/07/2026)

#16

May 07, 2026

TRANSCRIPT of show-cause hearing and motion to reconsider held on 05/05/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/28/2026. Redacted Transcript Deadline set for 6/8/2026. Release of Transcript Restriction set for 8/5/2026. (Schwam, Lisa) (Entered: 05/07/2026)

#17

May 11, 2026

TRANSCRIPT ORDER for proceedings held on 05/04/2026-05/05/2026 before Judge DuBose. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Shapiro, Melanie) (Entered: 05/11/2026)

#18

May 13, 2026

First MOTION to Withdraw as Attorney filed by Bryan Rafael Gomez. Responses due by 5/27/2026. (Attachments: # 1 Affidavit)(Shapiro, Melanie) (Entered: 05/13/2026)

May 14, 2026

TEXT ORDER: The Respondents shall file a status report by May 15, 2026 at 3:00pm detailing the efforts undertaken by DHS/ICE to apprehend the Petitioner since this Court granted the Respondents' motion for reconsideration (ECF No. 10 ). The status report should also clarify whether the June 2, 2026 bond hearing in Immigration Court remains scheduled, or if it has been cancelled in light of this Court's Order granting the Respondents' motion for reconsideration. So Ordered by District Judge Melissa R. DuBose on 5/14/2026. (Urizandi, Nissheneyra)

May 14, 2026

Order

May 21, 2026

TEXT ORDER granting 18 Motion to Withdraw as Attorney. Attorney Melanie Shapiro terminated. So Ordered by District Judge Melissa R. DuBose on 5/21/2026. (Urizandi, Nissheneyra)

May 21, 2026

Order on Motion to Withdraw as Attorney