Gomez v. Nessinger
Case Overview
Bryan Rafael Gomez petitioned for habeas corpus on April 23, 2026 seeking release from ICE detention. Judge Melissa R. DuBose ordered the government to respond by April 27 and barred it from moving Gomez out of the District of Rhode Island without 72 hours notice. The government, through Assistant U.S. Attorney Kevin Bolan, argued Gomez was subject to mandatory detention under 8 U.S.C. section 1225(b)(2). On April 28 the court disagreed, holding he was detained under section 1226(a) and entitled to a bond hearing, and ordered him released pending that hearing.
The Conclusion
Habeas granted April 28, 2026 and Gomez ordered released pending a bond hearing. Two days later Judge DuBose noted that the government had filed the same response it used in similar cases, with no facts about this petitioner and nothing on dangerousness, criminal history or risk of flight, and set a show-cause hearing. That omission is what produced the disciplinary proceeding In re Kevin Bolan, 1:26-ad-00003.
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