Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Abdulwahid Osman, ABDULWAHID LAW FIRM PLLC, 2929 Chicago Avenue,
Suite 110, Minneapolis, MN 55407; Robin Chandler Carr, LAW OFFICE OF
ROBIN CARR, 2929 Chicago Avenue, Suite 110, Minneapolis, MN 55407, for
Petitioner.
Ana H. Voss, David W. Fuller, UNITED STATES ATTORNEY’S OFFICE, 300
South Fourth Street, Suite 600, Minneapolis, MN 55415 for Respondents.
Petitioner Abdiselan A.A. was arrested and detained by United States Immigration
and Customs Enforcement (“ICE”) on January 14, 2026. He filed a petition for a writ of
habeas corpus the next day, arguing that he is being detained unlawfully. Because the
ABDISELAN A.A.,
Petitioner,
v.
PAMELA BONDI, United States Attorney
General;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
TODD 	M. 	LYONS, 	Acting 	Director 	of
Immigration and Customs Enforcement;
DAVID EASTERWOOD, Acting Director, St.
Paul 	Field 	Office, 	Immigration 	and
Customs Enforcement;
Respondents.
Civil No. 26-358 (JRT/ECW)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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Court concludes that Petitioner’s detention is unlawful, the Court will grant the petition
for habeas corpus and order that he be immediately returned to Minnesota and released
from custody.
BACKGROUND
Petitioner is a citizen of Ethiopia who has been present in the United States since
2024. (Verified Pet. Writ Habeas Corpus (“Pet.”) ¶ 4, Jan. 15, 2026, Docket No. 1.) On
October 10, 2024, Petitioner crossed the United States border near Calexico, California,
presented himself to U.S. Border Patrol officers, and expressed a fear of returning to
Ethiopia. 	(Id.) 	Petitioner 	was 	ultimately 	paroled 	into 	the 	United 	States 	under
§ 212(d)(5)(A) of the Immigration and Nationality Act. 	(Id. ¶ 6.) 	His parole expired on
November 27, 	2025, 	but 	his 	timely 	filed asylum application 	remains pending 	in
immigration court. (Id. ¶ 8.)
On January 14, 2026, when Petitioner appeared for a scheduled appointment with
ICE’s Intensive Supervision Appearance Program, he was arrested and detained. (Id. ¶ 2.)
He alleges that his arrest and detention were conducted without a warrant and without
justification, and seeks an order granting his release from custody, or in the alternative, a
bond hearing. (Id. at 14–15.)
DISCUSSION
Respondents argue that Petitioner is subject to mandatory detention under 8
U.S.C. § 1225(b)(2). After thorough review of the parties’ filings, the Court concludes that
the legal issues presented by Petitioner’s habeas petition are subject to the same analysis
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the Court recently employed in Herrera Avila v. Bondi, No. 25-3741, 2025 WL 2976539 (D.
Minn. Oct. 21, 2025) and Romero Santuario v. Bondi, No. 25-4296, 2025 WL 3469577 (D.
Minn, Dec. 2, 2025). 	The factual record before the Court shows that Petitioner was
arrested, without a warrant, while already in the United States—where he has been
present for over a year, complied with the terms of his parole, and is seeking asylum. For
the same reasons articulated in Herrera Avila and Romero Santuario, the Court concludes
that it possesses jurisdiction over this petition, and that Petitioner’s detention is not
authorized by § 1225(b)(2).
The Court therefore turns to the proper remedy. In previous cases involving this
issue, the Court has concluded that a bond hearing pursuant to § 1226(a) is the
appropriate remedy. 	However, the Court is now persuaded that where, as here,
(1) Respondents erroneously assert that a detainee is being held pursuant to § 1225(b)(2);
and (2) Respondents have not produced a warrant, as is required to effectuate an arrest
pursuant to § 1226(a), the appropriate remedy is release from custody. See, e.g., Ahmed
M. v. Bondi, No. 25-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026); Lauro M. v. Bondi,
No. 26-134, 2026 WL 115022, at *3 (D. Minn. Jan. 15, 2026); cf. Munaf v. Geren, 553 U.S.
674, 693 (2008) (“Habeas is at its core a remedy for unlawful executive detention. . . . The
typical remedy for such detention is, of course, release.”).
The Court will grant the petition for writ of habeas corpus, and order that
Petitioner be returned to Minnesota immediately, and released from custody.
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ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner Abdiselan A.A.’s Verified Petition for Writ of Habeas Corpus (Docket No.
[1]) is GRANTED, as follows:
a. 	Petitioner 	is 	not 	subject 	to 	mandatory 	detention 	under 	8 	U.S.C.
§ 1225(b)(2).
b. 	Respondents shall TRANSPORT Petitioner to Minnesota and RELEASE
Petitioner from custody immediately. 	Petitioner’s release in Minnesota
must occur no later than 48 hours after the filing of this Order.
c. 	Given the severe weather conditions in Minnesota, Respondents are
ORDERED to coordinate with Petitioner’s counsel to ensure that upon
Petitioner’s release, they are not left outside in dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
d. 	Respondents must release Petitioner with all personal documents, such as
driver’s 	licenses, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
e. 	The parties shall provide the Court with a status update concerning the
status of Petitioner’s release by no later than 5:00 p.m. on February 2,
2026. 	Further, the parties shall advise the Court whether any additional
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proceedings in this matter are required and submit any proposals for the
scope of further litigation.
2. 	Petitioner 	Abdiselan 	A.A.’s 	Motion 	for 	Temporary 	Restraining 	Order 	and
Preliminary Injunction (Docket No. [6]) is DENIED as moot.
DATED: January 29, 2026 	_____/s/ John R. Tunheim_____
at Minneapolis, Minnesota 	JOHN R. TUNHEIM
at 5:12 P.M. 	United States District Judge
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