Gomez Garcia v. Nessinger et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
MAXAMILIANO GOMEZ GARCIA,
Petitioner,
v.
MICHAEL NESSINGER,
Warden,
Wyatt Detention Facility; PATRICIA
HYDE,
Field Office Director; TODD
LYONS,
Acting Director, U.S. I.C.E.;
MARKWAYNE MULLIN,
U.S.
Secretary of Homeland Security;
TODD BLANCHE,
Acting U.S.
Attorney General; and DONALD J.
TRUMP,
U.S. President,
Respondents.
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No. 26-cv-239-JJM-PAS
ORDER
Maxamiliano Gomez Garcia 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
states that the legal issues presented in this case are like those recently addressed
by this Court in
Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437
(D.R.I. Oct. 27, 2025). 	ECF No. 5 at 2. 	Though the Government notes some
disagreement with that decision, 1 it acknowledges that should the Court follow its
1 Specifically, the Government cites to a recent decision from the Fifth Circuit
that is to the contrary.
	See Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir.
2026). Of course, that decision is not binding on this Court, and the Court does not
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reasoning in
Tomas Elias, it would likely reach the same result in Mr. Gomez Garcia’s
case.
Id. at 2. The reasoning provided in
Tomas Elias remains correct. As such, the
Court finds that Mr. Gomez Garcia’s detention is unlawful, and that he is entitled to
immediate release and a bond hearing before an IJ. 	Mr. Gomez Garcia’s petition is
therefore GRANTED. ECF No. 1.
The Government is hereby ORDERED to release Maxamiliano Gomez Garcia
immediately. 	Per its request, the Government is permitted to transfer Mr. Gomez
Garcia 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. 5 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. Gomez Garcia 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”).
find its reasoning to be persuasive. 	The Court is instead persuaded by the Seventh
Circuit’s position on the issue.
	See Castanon-Nava v. U.S. Dep’t of Homeland Sec.,
161 F.4th 1048, 1060-62 (7th Cir. 2025) (concluding that the Government was
unlikely to succeed on the merits of its argument that 8 U.S.C. § 1225(b)(2)(A) permits
the mandatory detention of any noncitizen who is unlawfully already in the United
States).
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Effectuating Mr. Gomez Garcia’s transfer to Burlington shall not in any way impede
his immediate release.
The Government is also ORDERED to provide Maxamiliano Gomez Garcia
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. Gomez Garcia’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”).
Finally, the Court ORDERS the Government to file a status report within five
(5) days of Mr. Gomez Garcia’s bond hearing, stating whether he has been granted
bond. If Mr. Gomez Garcia’s request for bond is denied, the Government shall state
the reason for that denial and whether Mr. Gomez Garcia has been re-detained by
ICE.
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IT IS SO ORDERED.
s/John J. McConnell, Jr.
_________________________________
JOHN J. MCCONNELL, JR.
Chief Judge
United States District Court
April 27, 2026
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