Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
JESUS ALBERTO PULGAR
PRIMERA,
Petitioner,
vs.
PAMELA BONDI, Attorney General,
et al.,
Respondents.
0:26-CV-940
MEMORANDUM AND ORDER
GRANTING PETITION FOR WRIT
OF HABEAS CORPUS
The petitioner1 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 4.
The briefing demonstrates that the petitioner's application for the writ
only presents issue of law—and the government does not dispute this point,
having been directed to address it, see filing 3 at 2; filing 4—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). The government shall
immediately—if necessary—return the petitioner to the state of Minnesota
and release the petitioner from custody.
1 The Court finds that the uncontroverted allegations of the petition sufficiently establish the
standing of the petitioner's next friend to bring this action on behalf of the petitioner. See 28
U.S.C. § 2242; see also Whitmore v. Arkansas, 495 U.S. 149, 163-65 (1990); Yessenia S.T. v.
Bondi, No. 26-CV-30, 2026 WL 102407, at *2 (D. Minn. Jan. 14, 2026).
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2
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 without
conditions, and shall return any personal property seized
from the petitioner when detained.
4. No later than February 7, 2026, the government shall file
a status report certifying compliance with this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 5th day of February, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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