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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Daniel P.,
Petitioner,
v.
Kristi Noem, et al.,
Respondents.
ORDER ADOPTING REPORT
AND RECOMMENDATION
AND GRANTING WRIT OF
HABEAS CORPUS
Civil File No. 26-402 (MJD/DTS)
Bruce D. Nestor, De Leon & Nestor, Counsel for Petitioner.
Ana H. Voss, Liles Harvey Repp, Assistant United States Attorneys,
Counsel for Respondents.
The above-entitled matter comes before the Court upon the Report
and Recommendation of United States Magistrate Judge David T. Schultz
dated January 28, 2026 [Docket No. 11]. There were no objections to the
Report and Recommendation.
Pursuant to statute, the Court conducted a de novo review upon the
record. 28 U.S.C. §636(b)(1); D. Minn. LR 72.2(b). Based upon that review,
the Court adopts the Report and Recommendation of Magistrate Judge
Schultz dated January 28, 2026.
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Accordingly, based upon the files, records, and proceedings herein,
IT IS HEREBY ORDERED:
1. 	The Court ADOPTS the Report and Recommendation of
United States Magistrate Judge David T. Schultz dated January
88, 2026 [Docket No. 11].
2. 	Petitioner Daniel P.’s Petition for a Writ of Habeas Corpus
[Docket No. 1] is GRANTED as follows:
A. 	Respondents are ordered to issue an administrative
warrant and provide Daniel P with a bond hearing
pursuant to 8 U.S.C. § 1226 within seven days of this
Order;
B. 	If the Respondents fail to issue an administrative warrant
and provide Petitioner with a bond hearing in seven days,
Respondents are ordered to release Daniel P.;
C. 	Respondents are enjoined from denying Daniel P. a bond
hearing on the basis that 8 U.S.C. § 1225(b)(2) applies to
him; and
D. 	Respondents are ordered to report to the Court in seven
days with the results of the bond hearing and/or whether
Daniel P. has been released.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 	January 31, 2026 	s/Michael J. Davis
Michael J. Davis
United States District Court
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