Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
MAJORIE ESTHEFANIA
TOALOMBO CHAGLLA,
Petitioner,
vs.
PAMELA BONDI, attorney, et al.,
Respondents.
0:26-CV-804
MEMORANDUM AND ORDER
GRANTING PETITION FOR WRIT
OF HABEAS CORPUS
The petitioner is a noncitizen currently detained by U.S. Immigration
and Customs Enforcement (ICE), seeking a writ of habeas corpus under 28
U.S.C. § 2241. The petitioner contends their detention is unlawful due to denial
of a bond hearing pursuant to 8 C.F.R. §§ 236.1(d)(1) and 1236.1(d)(1). See
filing 1. The government responds that detention is mandatory, not
discretionary, and the petitioner is not eligible to be released. See filing 13.
The briefing demonstrates that the petitioner's application for the writ
only presents issue of law—and the government does not dispute this point,
see filing 13 at 10—so the Court declines to hold a hearing. See § 2243. The
Court will grant the petition for the reasons thoroughly articulated by this
Court in Velasco Hurtado v. Bondi, No. 0:26-CV-546, 2026 WL 184884 (D.
Minn. Jan. 24, 2026).1 The government shall immediately, if necessary, return
1 A petitioner seeking release from immigration detention shall be awarded costs and
reasonable attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412(d), unless the Court finds that the government's position was substantially justified or
that special circumstances make an award unjust. See Michelin v. Warden Moshannon Valley
Corr. Ctr., No. 24-2990, 2026 WL 263483 (3d Cir. Feb. 2, 2026); see also, e.g., Yeferson G.C. v.
Easterwood, No. 25-CV-4814, 2026 WL 207266, at *3 (D. Minn. Jan. 21), report and
CASE 0:26-cv-00804-JMG-DTS Doc. 14 Filed 02/02/26 Page 1 of 2

2
the petitioner to the state of Minnesota and release the petitioner from custody.
IT IS ORDERED:
1. The Petition for Writ of Habeas Corpus (filing 1) is granted.
2. The government shall, if necessary, immediately return the
petitioner to the District of Minnesota.
3. When the petitioner is in Minnesota, the government shall
immediately release the petitioner from custody.
4. No later than February 4, 2026, the government shall file
a status report certifying compliance with this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 2nd day of February, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
recommendation adopted, 2026 WL 209825 (D. Minn. Jan. 27, 2026); Mairena-Munguia v.
Arnott, No. 25-CV-3318, 2025 WL 3229132, at *5 (W.D. Mo. Nov. 19, 2025); cf. Bah v.
Cangemi, 548 F.3d 680 (8th Cir. 2008) (evaluating the merits of immigration habeas
petitioner's EAJA claim). Any motion for costs and fees pursuant to the EAJA in this case
should be filed within 30 days of the entry of judgment. See § 2412(d)(1)(B).
CASE 0:26-cv-00804-JMG-DTS Doc. 14 Filed 02/02/26 Page 2 of 2