Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Andy Taylor, Larry E. LaTarte, William M. MacKinnon Morrow, FAEGRE
DRINKLE BIDDLE & REATH LLP, 90 South Seventh Street, Suite 2200,
Minneapolis, MN 55402; Ariana Kiener, E. Michelle Drake, Jordan C. Hughes,
BERGER 	MONTAGUE 	PC, 	1229 	Tyler 	Street 	Northeast, 	Suite 	205,
Minneapolis, MN 55413, for Petitioner.
Ana H. Voss, David W. Fuller, UNITED STATES ATTORNEY’S OFFICE, 300
South Fourth Street, Suite 600, Minneapolis, MN 55415 for Respondents.
S.M.,
Petitioner,
v.
PAMELA BONDI, Attorney General of the
United States;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
TODD M. LYONS, Acting Director, United
States 	Immigration 	and 	Customs
Enforcement; and
DAVID EASTERWOOD, Director of St. Paul
Field Office, U.S. Immigration and Customs
Enforcement,
Respondents.
Civil No. 26-639 (JRT/DTS)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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Petitioner S.M. is a refugee from Afghanistan, who was detained by federal officials
on January 25, 2026.1 	Because Respondents are detaining Petitioner unlawfully, the
Court will grant her petition for a writ of habeas corpus and order her immediate release.
BACKGROUND
Petitioner is a refugee from Afghanistan and a resident of St. Paul, Minnesota.
(Pet. Writ Habeas Corpus ¶¶ 4, 7 (“Pet.”), Jan. 25, 2026, Docket No. 1.) She has not been
charged with or convicted of any crimes, is not in removal proceedings, and is not subject
to a removal order. (Id. ¶¶ 4–5.)
On January 25, 2026, S.M. was arrested at her home by U.S. Immigration and
Customs Enforcement agents and detained in Minnesota. (Id. ¶ 4.) That same day, S.M.
filed a Petition for Writ of Habeas Corpus, arguing that her detention violates the
Immigration and Nationality Act, the Administrative Procedure Act, the Accardi Doctrine,
and the Fourth and Fifth Amendments of United States Constitution. (Id. ¶¶ 57–89.)
On January 26, 2026, the Court ordered Respondents not to remove Petitioner
from the District of Minnesota during the pendency of her habeas petition. (Docket No.
1 Petitioner S.M. requests that the Court allow her to proceed using a pseudonym, arguing
that it is necessary to protect her from retaliation and serious harm. (Mot. to Proceed Under
Pseudonym, Jan. 26, 2026, Docket No. 8.) Respondents take no position on the motion. (Resp.
at 1 n.1, Jan. 28, 2026, Docket No. 15.) 	Because the Court finds that Petitioner’s need for
anonymity outweighs countervailing interests in full disclosure, the Court will grant S.M.’s motion
to proceed under a pseudonym.
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4.) The Court also ordered Respondents to file an answer to the Petition by 5:00 p.m. on
January 28, 2026. (Id.)
Also on January 28, this Court granted plaintiffs’ motion for a temporary
restraining order in U.H.A. v. Bondi, Civ. No. 26-417, 2026 WL 222226 (D. Minn. Jan. 28,
2026), a case involving the legal rights of lawful refugees like Petitioner. Among the relief
the Court granted was the immediate release of all members of a “Detained Subclass,”
defined in the Court’s order as “individuals with refugee status who are residing in the
state of Minnesota, who have not yet adjusted to lawful permanent resident status, and
have not been charged with any ground for removal under the Immigration and
Nationality Act,” and who are presently detained by the Department of Homeland
Security. Id. at *13. The Court ordered the defendants in U.H.A. to release members of
the Detained Subclass within five days of the date of the order—that is, by February 2,
2026. Id.
DISCUSSION
Respondents argue that S.M. is subject to detention under to 8 U.S.C. § 1159(a)(1)
(Resp. at 2, Jan. 28, 2026, Docket No. 15.) The Court disagrees for two reasons, and the
Court will therefore grant the Petition for a Writ of Habeas Corpus.
First, after thorough review of the parties’ filings, the Court concludes that the legal
issues presented by S.M.’s habeas petition are subject to the same analysis the Court
recently employed in U.H.A. v. Bondi, Civ. No. 26-417, 2026 WL 222226 (D. Minn. Jan. 28,
2026). 	That is, 8 U.S.C. § 1159(a)(1)’s “inspection and examination” requirement does
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not permit prolonged detention of refugees who have not yet been adjusted to lawful
permanent resident status and have not been charged with any ground of removability.
Id. at *6–7. 	The factual record before the Court shows that S.M. is a refugee, has not
been charged with or convicted of any crimes, is not in removal proceedings, and is not
subject to a removal order. For these reasons, 8 U.S.C. § 1159(a)(1) does not authorize
S.M.’s detention.
Second, S.M. appears to be a member of the putative Detained Subclass that this
Court ordered to be released on or before February 2, 2026. The record indicates that
she is an unadjusted refugee who is a resident of Minnesota, has not been charged with
any ground of removability, and is presently detained by the Department of Homeland
Security. See U.H.A., 2026 WL 222226, at *13.
Petitioner S.M.’s Petition for a Writ of Habeas Corpus will be granted, and the Court
will order her release from custody.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner S.M.’s Verified Petition for Writ of Habeas Corpus (Docket No. [1]) is
GRANTED, as follows:
a. 	Respondents shall TRANSPORT Petitioner to Minnesota and RELEASE
Petitioner from custody immediately. 	Petitioner’s release in Minnesota
must occur no later than 5:00 PM on February 2, 2026.
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b. 	If Petitioner is being detained in Minnesota, Respondents shall RELEASE
Petitioner from custody as soon as practicable, and no later than 5:00 PM
on February 2, 2026.
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 effects, 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 3,
2026. Respondents must separately file a status update on the docket in
this case and shall not merely rely on docket filings in U.H.A. v. Bondi, Civ.
No. 26-417. 	The parties shall advise the Court whether any additional
proceedings in this matter are required and submit any proposals for the
scope of further litigation.
2. 	Petitioner S.M.’s Motion for Temporary Restraining Order (Docket No. [3]) is
DENIED as moot.
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3. 	Petitioner S.M.’s Motion to Proceed Under Pseudonym (Docket No. [8]) is
GRANTED.
DATED: February 1, 2026 	_____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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