Completed
Case Information
Filed: May 14, 2026
Assigned to:
Mary Susan McElroy
Referred to:
Amy E. Moses
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 24, 2026
Last Activity:
June 24, 2026
Parties:
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Docket Entries
#1
May 14, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2279557.), filed by Fritz Harry Guzman. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(Hurvich, Carl) (Entered: 05/14/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
May 14, 2026
Habeas Petition Identifier Statement filed by Fritz Harry Guzman. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 05/14/2026)
Main Document:
Habeas
#3
May 15, 2026
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 5/15/2026. (Perry, Frank) (Entered: 05/15/2026)
Main Document:
Order - 72 Hour Habeas Order (Form Attached)
May 15, 2026
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Perry, Frank)
May 15, 2026
TEXT ORDER : The Government is directed to respond to 1 PETITION for Writ of Habeas Corpus on or before 5/20/2026 by 12:00 pm. The Government is ordered to include in its reply any and all information in its possession or in the possession of its clients that relates to the issues necessary to a determination of bond. Specifically, but not limited to, any criminal history, outstanding warrants, or extradition orders. So Ordered by District Judge Mary S. McElroy on 5/15/2026. (Potter, Carrie)
May 15, 2026
Order
May 15, 2026
Case Assigned/Reassigned
#4
May 20, 2026
Response to Motion
Main Document:
Response to Motion
#5
May 20, 2026
Seal
Main Document:
Seal
May 20, 2026
DOCKET NOTE: Regarding: 4 Response to Motion,.Electronic Exhibit B Received and Maintained in the Clerk's Office. (Hill, Cherelle)
May 20, 2026
Public Docket Note
#6
May 22, 2026
Reply to Response
Main Document:
Reply to Response
#7
May 22, 2026
EXHIBITS A through D IN SUPPORT of Response to Motion, filed by Todd Blanche, Todd M Lyons, David T. Wesling, Markwayne Mullin. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D) (Gonzalez Gomez, Viviana) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. (Entered: 05/22/2026)
Main Document:
EXHIBITS
May 22, 2026
Order on Motion to Seal
May 22, 2026
TEXT ORDER granting 5 Motion to Seal. So Ordered by District Judge Mary S. McElroy on 5/22/2026. (Potter, Carrie)
#8
Jun 08, 2026
NOTICE by Fritz Harry Guzman re 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2279557.) Notice of Subsequent Authority (Attachments: # 1 Exhibit)(Hurvich, Carl) (Entered: 06/08/2026)
Main Document:
Notice (Other)
Jun 24, 2026
TEXT ORDER. Before the Court is Fritz Harry Guzman's petition for habeas corpus under 28 U.S.C. § 2241. (ECF. No. 1 .) Mr. Guzman is in immigration custody after an immigration judge denied bond, finding him to be a danger to the community. Mr. Guzman argues that the immigration judge violated the Due Process Clause of the Fifth Amendment by relying on an uncorroborated police report. To lawfully detain Mr. Guzman, the government must prove by clear and convincing evidence that the petitioner poses a danger to the community or that the petitioner poses a flight risk, making alternatives to detention not feasible. Hernandez v. Lyons, 10 F. 4th 19, 41 (1st Cir. 2021); Hirigo v. Nessinger, No. 26-CV-105-JJM-AEM, 2026 WL 710297 at *5 (D.R.I. Mar. 14, 2026). An uncorroborated police report cannot, alone, be "clear and convincing evidence for a finding of dangerousness" Alvarez Puerta v. Nessinger, No. 1:25-cv-108-JJM-AEM (D.R.I. June 17, 2025). Further, the immigration judge must indicate consideration of evidence beyond the uncorroborated police report in order to lawfully detain Mr. Guzman. Pineda v. Nessinger; No 1:25-CV-522-MSM-AEM (D.R.I. November 24, 2025); Aguilar v. McDonald, 2026 WL 1623077, at *1. The court agrees with Mr. Guzman and finds that the immigration judge did not meet due process requirements because she did not indicate that she considered anything other than the police report itself and failed to meaningfully engage with the evidence set forth by the petitioner. Pineda; No: 125-CV-552-MSM-AEM. Further, the immigration judge did not indicate that she considered whether alternatives to detention would be feasible in this case. Given the due process violations implicated in this case, the Petition for Writ of Habeas Corpus is GRANTED, and the Respondents shall immediately release Petitioner subject to reasonable conditions of supervision. The Respondents may transfer the Petitioner to effectuate his release consistent with this Order. So Ordered by District Judge Mary S. McElroy on 6/24/2026. (Potter, Carrie)
Jun 24, 2026
Order on Petition for Writ of Habeas Corpus
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