Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Victor P.,
Petitioner,
v.
Kirsti Noem, et al.,
Respondents.
ORDER ADOPTING REPORT
AND RECOMMENDATION
AND GRANTING WRIT OF
HABEAS CORPUS
Civil File No. 26-430 (MJD/SGE)
Khanh Ngoc Nguyen, Counsel for Petitioner,
Ana H. Voss, Jesus Cruz Rodriguez, Assistant United States Attorneys,
Counsel for Federal Respondents.
The above-entitled matter comes before the Court upon the Report
and Recommendation of United States Magistrate Judge Shannon G. Elkins
dated January 25, 2026. Only the Petitioner has filed an objection to the
Report and Recommendation [Docket No. 10]. 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 Shannon G. Elkins dated
January 25, 2026.
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Petitioner argues that he is entitled to immediate release, rather than
a bond hearing. However, not only are the facts unclear, but Magistrate
Judge Elkins correctly points out that Petitioner does not argue his arrest
was warrantless. This Court thus cannot determine whether his immediate
release is appropriate under the circumstances.
Instead, considering both this Court’s previous conclusions as well as
Magistrate Judge Elkins’ recommendation, Petitioner’s current detention is
discretionary under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to
receive a bond hearing.
Petitioner’s objection is overruled.
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 Elkins dated January 25, 2026
[Docket No. 10] as modified in the following way:
a. The Petitioner’s Petition for Writ of Habeas Corpus [Docket
No. 1] is GRANTED insofar as the Petitioner Victor P. shall
be afforded a bond hearing within seven days of the date of
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this Order, in the District of Minnesota, where witnesses and
evidence are likely to be found.1
b. If a hearing is not held as ordered above, Petitioner must be
released into Minnesota on his own recognizance.
2. 	Respondents are ordered to report to the Court within nine
days either the results of the bond hearing or that Petitioner has
been released.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 30, 2025 	s/Michael J. Davis
Michael J. Davis
United States District Court
1 The Court modifies the Report and Recommendation only to add timelines for
Respondents’ compliance with this Order and to add that Petitioner must be
released if a bond hearing is not granted within the time specified above.
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