District of Rhode Island • 1:25-cv-00650

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Dec 05, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2217817.), filed by MAURICIO LOPEZ-LOPERA. (Attachments: # 1 Civil Cover Sheet)(Hurvich, Carl) (Entered: 12/05/2025)

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Dec 05, 2025

ORDER re 1 PETITION for Writ of Habeas Corpus . So Ordered by Chief Judge John J. McConnell, Jr. on 12/5/2025. (Simoncelli, Michael) (Entered: 12/05/2025)

Dec 05, 2025

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

Dec 05, 2025

Case Assigned/Reassigned

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Dec 08, 2025

Notice of Appearance

Dec 08, 2025

TEXT ORDER: Respondents shall file a response to 1 PETITION for Writ of Habeas Corpus filed by Mauricio Lopez-Lopera on or before December 12th, 2025. So Ordered by Chief Judge John J. McConnell, Jr. on 12/8/2025. (Jackson, Ryan)

Dec 08, 2025

Order

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Dec 10, 2025

Response in Opposition

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Dec 10, 2025

Judgment

Dec 10, 2025

Order on Petition for Writ of Habeas Corpus

Dec 10, 2025

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Mauricio Lopez-Lopera has filed a habeas petition, arguing that his arrest and continued detention by Immigrations and Customs Enforcement ("ICE") is unlawful, and that he must be released or given a bond hearing before an immigration judge ("IJ") under 8 U.S.C. §1226(a). ECF No. 1. In its Response, the Government stated that the legal issues presented in this case are like those recently addressed in Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I. Oct 27, 2025) and Rodriguez v. Nessinger, No. 25-cv-505-MSM-AEM, 2025 WL 3306576 (D.R.I. Oct. 17, 2025). ECF No. 5 at 2. The Government also acknowledged that, should the Court follow its reasoning in Tomas Elias and Rodriguez, it should reach the same result in Mr. Lopez-Lopera's case. Id. at 5. The Court finds that the reasoning provided in Tomas Elias and Rodriguez remains correct and, as such, finds that Mr. Lopez-Lopera is entitled to a bond hearing under §1226(a). In addition, as the Court explained in Tomas Elias, exhaustion will not be required here because Mr. Lopez-Lopera faces severe irreparable harm if his detention continues without clear reason and because the Immigration Court and the Board of Immigration Appeals are unable to adjudicate the constitutionality of his detention. Therefore, the Court GRANTS Mr. Lopez-Lopera's Petition. ECF No. 1. The Government is hereby ORDERED (1) to provide Mauricio Lopez-Lopera with a bond hearing before an IJ under 8 U.S.C. §1226(a) within ten days of the date of this order; and (2) the Government must release Mauricio Lopez-Lopera immediately pending the bond hearing. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing. Finally, (3) the Court ORDERS the Government to file a status report within five days of Mr. Lopez-Lopera'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 Chief Judge John J. McConnell, Jr. on 12/10/2025. (Jackson, Ryan)

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Dec 22, 2025

Status Report

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Jan 05, 2026

Status Report