Lin v. Nessinger et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
XIAOYI LIN,
Petitioner,
v.
MICHAEL NESSINGER,
Warden of
the Donald W. Wyatt Detention
Facility; DAVID WESLING,
Field
Office Director of Enforcement and
Removal Operations, Boston Field
Office; TODD LYONS,
Acting Director,
U.S. Immigration and Customs
Enforcement; MARKWAYNE
MULLIN,
Secretary of the Department
of Homeland Security; PAMELA
BONDI,
Attorney General of the
United States; U.S. DEPARTMENT
OF HOMELAND SECURITY; and
EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW,
Respondents.
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No. 26-cv-181-JJM-PAS
ORDER
Xiaoyi Lin 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. 5 at 1. 	Though the Government notes some disagreement with that
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decision,1 it acknowledged that should the Court follow its reasoning in
Tomas Elias,
it would likely reach the same result in Mr. Lin’s case.
	Id. at 1-2. 	The reasoning
provided in
Tomas Elias remains correct. 	As such, the Court finds that Mr. Lin’s
detention is unlawful, and that he is entitled to immediate release and a bond hearing
before an IJ. Mr. Lin’s petition is therefore GRANTED. ECF No. 1.
The Government is hereby ORDERED to provide Xiaoyi Lin 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. Lin’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”).
1 Specifically, the Government cites recent decisions from the Eighth and Fifth
Circuits that are to the contrary.
See Avila v. Bondi, No. 25-3248, --- F.4th ----, 2026
WL 819258 (8th Cir. Mar. 25, 2026);
Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th
Cir. 2026). 	Of course, those decisions are not binding on this Court, and the Court
does not find them 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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The Government is also ORDERED to release Xiaoyi Lin immediately pending
the bond hearing. Per its request, the Government is permitted to transfer Mr. Lin
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.2.
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. Lin 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. 	Lin’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. Lin’s bond hearing, stating whether he has been granted bond. If Mr.
Lin’s request for bond is denied, the Government shall state the reason for that denial
and whether Mr. Lin 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
March 31, 2026
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