Pereira Porto v. Hyde et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
RENATO PEREIRA PORTO,
Petitioner,
v.
PATRICIA HYDE,
Field Office
Director; MICHAEL KROL,
HSI New
England Special Agent in Charge;
TODD LYONS,
Acting Director U.S.
Immigration and Customs
Enforcement; and KRISTI NOEM,
U.S.
Secretary of Homeland Security,
Respondents.
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No. 26-cv-155-JJM-PAS
ORDER
Renato Pereira Porto has filed a habeas petition, arguing that his arrest and
continued detention by Immigration 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 by the
Court in
Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I.
Oct 27, 2025). ECF No. 6 at 1. The Government also acknowledged that, should the
Court follow its reasoning in
Tomas Elias, it would likely reach the same result in
Mr. Pereira Porto’s case.
	Id. at 2. 	The reasoning provided in
Tomas Elias remains
correct. As such, the Court finds that Mr. Pereira Porto’s detention is unlawful, and
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that he is entitled to immediate release and a bond hearing before an IJ. Mr. Pereira
Porto’s petition is therefore GRANTED. ECF No. 1.
The Government is hereby ORDERED to provide Renato Pereira Porto with a
bond hearing before an IJ under 8 U.S.C. § 1226(a) within ten (10) days of the date of
this order. 	Should it choose to pursue Mr. Pereira Porto’s continued detention, the
Government must show why less restrictive alternatives to detention would be
inadequate for it to achieve its goals.
	See Higiro v. Nessinger, No. 26-cv-105-JJM-
AEM, 2026 WL 710297, at *8 (D.R.I. Mar. 13, 2026) (finding that due process requires
IJs to consider alternatives to detention at bond hearings to ensure that detention is
not 	arbitrarily 	imposed 	and 	bears 	a 	reasonable 	relation 	to 	the 	Government’s
interests). The IJ shall consider any alternatives to detention
before making a finding
as to flight risk or dangerousness.
	See Brito v. Garland, 22 F.4th 240, 254 (1st Cir.
2021) (noting that to require otherwise would be “to put the cart before the horse”).
The 	Government 	is 	also 	ORDERED 	to 	release 	Renato 	Pereira 	Porto
immediately pending the bond hearing. Per its request, the Government is permitted
to 	transfer 	Mr. 	Pereira 	Porto 	to 	ICE’s 	Boston 	Field 	Office 	in 	Burlington,
Massachusetts for the sole purpose of processing his release and allowing for any
return of property. 	ECF No. 6 at 1 n.1. 	However, the Court DENIES the
Government’s 	additional 	request 	to 	place 	“any 	monitoring 	equipment 	deemed
appropriate.”
	Id. 	Because the Government did not have the lawful authority to
detain Mr. Pereira Porto in the first place, the Court will not permit the Government
to keep him “in custody” through the use of monitoring equipment pending the bond
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hearing.
	See Morales v. Hyde, No. 26-cv-093-JJM-PAS, 2026 WL 508811, at *3-4
(D.R.I. Feb. 24, 2026) (denying similar request from the Government 	because “[i]t
does not follow … that ICE gets to keep [the petitioner] ‘in custody’ once he leaves the
Wyatt Detention Facility”). 	Effectuating Mr. Pereira Porto’s transfer to Burlington
shall not in any way impede his immediate release.
Finally, the Court ORDERS the Government to file a status report within five
(5) days of Mr. Pereira Porto’s bond hearing, stating whether he has been granted
bond. 	If Mr. Pereira Porto’s request for bond is denied, the Government shall state
the reason for that denial and whether Mr. Pereira Porto has been re-detained by
ICE.
IT IS SO ORDERED.
s/John J. McConnell, Jr.
_________________________________
JOHN J. MCCONNELL, JR.
Chief Judge
United States District Court
March 20, 2026
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