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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Evelyn A.B.,
Petitioner,
v.
Kristi Noem, et al.,
Respondents.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
GRANTING WRIT OF HABEAS
CORPUS
Civil File No. 26-950 (MJD/DJF)
Albert I. Usumanu, Albert Usumanu Law Office, Counsel for Petitioner.
David W. Fuller, Assistant United States Attorney, Counsel for Respondents.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Dulce J. Foster dated
February 5, 2026. [Doc. 7.] Only the Respondents have filed an objection to the
Report and Recommendation [Doc. 8]. 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 Foster dated February 5, 2026.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
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2
1. 	The Court ADOPTS the Report and Recommendation of United
States Magistrate Judge Foster dated February 5, 2026 [Doc. 7].
2. 	The Petitioner’s Petition for Writ of Habeas Corpus [Doc. 1] is
GRANTED insofar as:
a. 	Petitioner shall be immediately released1 from detention into
Minnesota;
b. Respondents are ordered to return all of Petitioner’s documents,
property, or effects seized during her arrest2; and
c. 	Respondents are required to confirm Petitioner’s release from
custody within forty-eight (48) hours from the date of this Order;
and
d. Petitioner is directed that any motion for attorney fees and costs
pursuant to the Equal Access to Justice Act must be filed within
21 days of entry of judgment, along with a well-reasoned
memorandum of authorities explaining why an award of fees
and costs is warranted under that statute.
1 In her Report and Recommendation, Magistrate Judge Foster recommends the
Petitioner be released “as soon as practicable.” However, this Court believes that
ordering Petitioner’s “immediate release” with the requirement that the
Respondents follow up in forty-eight hours will ensure the Petitioner’s swift
release from custody.
2 The inclusion of requiring Petitioner’s personal effects to be included in her
release is a slight modification to Magistrate Judge Foster’s Report and
Recommendation. However, this Court believes that its inclusion is important
considering the frequency in which similarly situated petitioners in other cases
have been released without all their important personal belongings.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 11, 2026 	s/Michael J. Davis
Michael J. Davis
United States District Court
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