Man held under mandatory ICE detention wins release and bond hearing after habeas petition
Aug 18, 2026·Location: Central Falls, RI
Jesus Alberto Sarmiento Perdomo filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his arrest and continued detention by ICE, arguing he should be released and given a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). He was held at the Donald W. Wyatt Detention Facility. The Government conceded that Sarmiento Perdomo is a noncitizen unlawfully present in the United States who had been detained under § 1226(a), and agreed the court should order a bond hearing under recent First Circuit precedent. The Government's only opposition was that he had not exhausted administrative remedies by requesting bond directly from an immigration judge, an argument the court rejected as futile since the Board of Immigration Appeals has held that immigration judges lack authority to grant bond to noncitizens present without admission. The court granted the habeas petition, ordering the Government to release Sarmiento Perdomo immediately, though it may transfer him to ICE's Boston Field Office solely to process his release and return property. The court denied the Government's request to place him under monitoring equipment pending a bond hearing. The Government was ordered to provide Sarmiento Perdomo a bond hearing within ten days, at which the immigration judge must consider alternatives to detention before ruling on flight risk or dangerousness, and to file a status report on the outcome within five days of that hearing.
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