District of Rhode Island • 1:26-cv-00323

Gomez Rodriguez v. Nessinger

Completed

Case Information

Filed: May 20, 2026
Assigned to: Melissa R. Dubose
Referred to: Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 02, 2026
Last Activity: June 02, 2026
Parties: View All Parties →

Docket Entries

#1
May 20, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2282167.), filed by Jonny Francisco Gomez Rodriguez. (Attachments: # 1 Supplement Notice of Appearance, # 2 Civil Cover Sheet Civil Cover Sheet Cipriano Chic, # 3 Supplement Category Sheet)(Salazar, Cindy) (Entered: 05/20/2026)
Main Document: Petition for Writ of Habeas Corpus-New Case
#2
May 20, 2026
ORDER re: 1 Emergency PETITION for Writ of Habeas Corpus filed by Jonny Francisco Gomez Rodriguez. 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 5/20/2026. (Gonzalez Gomez, Viviana) (Entered: 05/20/2026)
Main Document: Order - 72 Hour Habeas Order (Form Attached)
May 20, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
May 20, 2026
Case Assigned/Reassigned
May 22, 2026
TEXT ORDER: The government shall file a response to the Petitioner's Petition for Writ of Habeas by Tuesday, May 26, 2026 at 12:00pm. So Ordered by District Judge Melissa R. DuBose on 5/22/2026. (Urizandi, Nissheneyra)
May 22, 2026
Order
#3
May 26, 2026
Response in Opposition
Main Document: Response in Opposition
#4
May 26, 2026
Seal
Main Document: Seal
May 28, 2026
TEXT ORDER granting 4 Motion to Seal. So Ordered by District Judge Melissa R. DuBose on 5/28/2026. (Urizandi, Nissheneyra)
May 28, 2026
Order on Motion to Seal
May 28, 2026
NOTICE of Hearing re 1 Emergency PETITION for Writ of Habeas Corpus: Hearing set for 6/2/2026 at 10:00 AM in Courtroom 4 before District Judge Melissa R. DuBose. (Urizandi, Nissheneyra)
May 28, 2026
Notice of Hearing on Motion
Jun 01, 2026
CORRECTED NOTICE of Hearing on Motion 1 Emergency PETITION for Writ of Habeas Corpus: Motion Hearing set for 6/2/2026 at 1:30 PM in Courtroom 4 before District Judge Melissa R. DuBose. (Urizandi, Nissheneyra)
Jun 01, 2026
Notice of Hearing on Motion
#6
Jun 02, 2026
Amended Document (NOT Motion)
Main Document: Amended Document (NOT Motion)
#7
Jun 02, 2026
JUDGMENT entered granting the Petitioner's Petition for Writ of Habeas Corpus. ECF No. 6 . So Ordered by District Judge Melissa R. DuBose on 6/2/2026. (Urizandi, Nissheneyra) (Entered: 06/02/2026)
Main Document: Judgment
Jun 02, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 6/2/2026 re 1 Emergency PETITION for Writ of Habeas Corpus filed by Jonny Francisco Gomez Rodriguez. (C. Salazar, K. Bolan) The Court addresses and requests the that Petitioner amend the petition. The Court will continue this case until today at 4:00 PM. Recess. (Court Reporter Lisa Schwam in Courtroom Zoom at 1:35 PM) (Urizandi, Nissheneyra)
Jun 02, 2026
AMENDED NOTICE of Hearing re 1 Emergency PETITION for Writ of Habeas Corpus. Hearing set for 6/2/2026 at 01:30 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 274 3766, Passcode: 760778) (Urizandi, Nissheneyra)
Jun 02, 2026
Notice of Hearing on Motion
Jun 02, 2026
Motion Hearing
Jun 02, 2026
Order on Petition for Writ of Habeas Corpus
Jun 02, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 6 ) 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 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 (June 2, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, June 2, 2026. This bond hearing shall not interfere or conflict with Petitioner's previously scheduled state court and immigration court dates. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. The Court MODIFIES its Order, ECF No. 2, 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 6/2/2026. (Urizandi, Nissheneyra)
Jun 02, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 6/2/2026 re 1 Emergency PETITION for Writ of Habeas Corpus. (C. Salazar, K. Bolan) Arguments heard. The Court grants the Petition for Writ of Habeas Corpus and orders the immediate release of Petitioner Gomez Rodriguez with all of his belongings. Additionally, the Court orders that Petitioner be afforded a bond hearing with the immigration court. A formal order shall enter before the close of business day today. Recess. (Court Reporter Lisa Schwam in Courtroom Zoom at 4:00 PM) (Urizandi, Nissheneyra)
Jun 02, 2026
NOTICE of Hearing re 1 Emergency PETITION for Writ of Habeas Corpus: Hearing set for 6/2/2026 at 4:00 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 165 274 3766, Passcode: 760778) (Urizandi, Nissheneyra)