Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Khanh Ngoc Nguyen, KHANH NGUYEN LAW OFFICE, LLC, 1001 Washington
Avenue South, Minneapolis, MN 55415, for Petitioner.
Ana H. Voss, Julie T. Le, UNITED STATES ATTORNEY’S OFFICE, 300 South
Fourth Street, Suite 600, Minneapolis, MN 55415, for Respondents Kristi
Noem, David Easterwood, Todd M. Lyons, and Pamela Bondi.
David John Walker, FREEBORN COUNTY ATTORNEY’S OFFICE, 411 South
Broadway Avenue, Albert Lea, MN 56007, for Respondent Ryan Shea.
ELMER A.G.C.,
Petitioner,
v.
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
DAVID EASTERWOOD, Acting Director of
Enforcement and Removal Operations, St.
Paul Field Office, Immigration and
Customs Enforcement;
TODD M. LYONS, Acting Director,
Immigration and Customs Enforcement;
PAMELA BONDI, U.S. Attorney General;
and
RYAN SHEA, Freeborn County Sheriff,
Warden, Freeborn County Jail, Albert Lea,
Minnesota,
Respondents.
Civil No. 26-763 (JRT/DJF)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
CASE 0:26-cv-00763-JRT-DJF Doc. 7 Filed 02/02/26 Page 1 of 5

-2-
Petitioner Elmer A.G.C. was arrested and detained by United States Immigration
and Customs Enforcement (“ICE”) on December 30, 2025. 	Elmer A.G.C. petitions for a
writ of habeas corpus, arguing that he is being detained unlawfully. Because the Court
concludes that Elmer A.G.C.’s detention is unlawful, the Court will grant his petition for
writ of habeas corpus and will order that he be released from custody.
BACKGROUND
Petitioner is a citizen of Honduras and a resident of Monticello, Minnesota.
(Verified Pet. Writ of Habeas Corpus (“Pet.”) ¶¶ 8, 23, Jan. 28, 2026, Docket No. 1.) He
entered the United States without inspection in 2021. (Id. ¶ 7.) On December 30, 2025,
ICE arrested Petitioner without a warrant in Monticello, Minnesota. 	(Id. ¶ 9.) 	He was
taken into custody and detained in Minnesota. (Id.)
On January 28, 2026, Elmer A.G.C. filed a Verified Petition for Writ of Habeas
Corpus, alleging that his continued detention is unlawful and requesting that the Court
order his immediate release, or alternatively, a bond hearing. (Id. ¶¶ 30–51.)
The 	next 	day, 	the 	Court 	issued 	an 	order 	(1) 	enjoining 	Respondents from
transferring Elmer A.G.C. outside the District of Minnesota pending a ruling on his habeas
petition, and (2) directing Respondents to file an answer by February 1, 2026. (Docket
No. 3.) The Respondents answered the Petition. (Docket No. 5.)
DISCUSSION
Respondents argue that Elmer A.G.C. is subject to mandatory detention under 8
U.S.C. § 1225(b)(2). After thorough review of the parties’ filings, the Court concludes that
CASE 0:26-cv-00763-JRT-DJF Doc. 7 Filed 02/02/26 Page 2 of 5

-3-
the legal issues presented by Elmer A.G.C.’s habeas petition are subject to the same
analysis the Court recently employed in Herrera Avila v. Bondi, Civ. No. 25-3741, 2025 WL
2976539 (D. Minn. Oct. 21, 2025) and Romero Santuario v. Bondi, Civ. No. 25-4296, 2025
WL 3469577 (D. Minn, Dec. 2, 2025). 	The factual record before the Court shows that
Elmer A.G.C. was arrested while already in the United States. 	For the same reasons
articulated in Herrera Avila and Romero Santuario, the Court concludes that it possesses
jurisdiction over this petition, and that Elmer A.G.C.’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 Elmer A.G.C.’s petition for writ of habeas corpus and order
that he be returned to Minnesota and then released from custody.
CASE 0:26-cv-00763-JRT-DJF Doc. 7 Filed 02/02/26 Page 3 of 5

-4-
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner Elmer A.G.C.’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. 	If Petitioner is being detained in Minnesota, Respondents shall RELEASE
Petitioner from custody as soon as practicable, and no later than 48 hours
from the filing of this Order.
d. 	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.
e. 	Respondents must release Petitioner with all personal effects, such as
driver’s 	license, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
CASE 0:26-cv-00763-JRT-DJF Doc. 7 Filed 02/02/26 Page 4 of 5

-5-
f. 	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 5,
2026. 	Further, 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.
DATED: February 2, 2026 	_____/s/ John R. Tunheim____
at Minneapolis, Minnesota, 	JOHN R. TUNHEIM
at 1:15 P.M. 	United States District Judge
CASE 0:26-cv-00763-JRT-DJF Doc. 7 Filed 02/02/26 Page 5 of 5