Cazeau v. Nessinger et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PIERRE MICHEL FILS CAZEAU,
Petitioner,
v.
MICHAEL NESSINGER,
in his official
capacity as Warden of Wyatt Detention
Facility; DAVID WESLING,
in his
official capacity as Field Office Director
of Enforcement and Removal
Operations, Boston Field Office, I.C.E.;
TODD LYONS,
in his official capacity
as Acting Director of U.S. I.C.E.;
KRISTI NOEM,
in her official capacity
as U.S. Secretary of Homeland
Security; PAMELA J. BONDI,
in her
official capacity as U.S. Attorney
General; U.S. DEPARTMENT OF
HOMELAND SECURITY; and
EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW,
Respondents.
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No. 26-cv-166-JJM-PAS
ORDER
Pierre Michel Fils Cazeau 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
acknowledges 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. 7 at 1. Though the Government notes some
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disagreement with that decision, it does not dispute that this case can be decided on
the 	same 	grounds 	as
	Tomas 	Elias.
	Id. 	The 	reasoning 	provided 	in
Tomas
Elias remains correct. 	As such, the Court finds that Mr. Cazeau’s detention is
unlawful, and that he is entitled to immediate release and a bond hearing before an
IJ. Mr. Cazeau’s petition is therefore GRANTED. ECF No. 1.
The Government is hereby ORDERED to provide Pierre Michel Fils Cazeau
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. Cazeau’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 Pierre Michel Fils Cazeau
immediately pending the bond hearing. Per its request, the Government is permitted
to transfer Mr. Cazeau 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. 7 at 1 n.1. 	However, the Court DENIES the Government’s additional
request to place “any monitoring equipment deemed appropriate.”
	Id. 	Because the
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Government did not have the lawful authority to detain Mr. Cazeau 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 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. Cazeau’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. Cazeau’s bond hearing, stating whether he has been granted bond. If
Mr. Cazeau’s request for bond is denied, the Government shall inform the Court: (1)
the reason for that denial; (2) whether Mr. Cazeau has been re-detained by ICE; and
(3) where he is being held. Should ICE take him back into custody or place any other
restrictions on his liberty, Mr. Cazeau is free to pursue appropriate relief in this
Court.
IT IS SO ORDERED.
_________________________________
JOHN J. MCCONNELL, JR.
Chief Judge
United States District Court
March 23, 2026
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