Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CIVIL NO. 26-cv-1000 (MJD/SGE)
Felipe E.S.D.,
Petitioner,
v.
David Easterwood, et al.,
Respondents.
REPORT AND RECOMMENDATION
This matter is before the Court on Petitioner Felipe E.S.D.’s1 Petition for Habeas
Corpus (“Petition”, Dkt. 1). Felipe maintains that his detention violates the Immigration
and Nationality Act, his Fifth Amendment rights to due process, and the Administrative
Procedures Act. He requests a bond hearing consistent with 8 U.S.C. § 1226 and release
from federal custody. (Dkt. 1.) Respondents oppose the petition. (Dkt. 8.) The matter has
been referred to the undersigned by United States District Judge Michael J. Davis for report
and recommendation under 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. For the reasons
set forth below, this Court recommends that the Petition be GRANTED.
BACKGROUND
Felipe is a citizen of Mexico who has resided in the United States for more than
fifteen years. (Pet. ¶ 14.) He currently lives in Minnesota with his two children who are
U.S. citizens. (Id.) According to the Petition, Felipe was served with a Notice to Appear
1 Pursuant to this District’s policy in immigration cases, the Court identifies Petitioner only
by his first name and last initial.
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for removal proceedings, and he has a pending EOIR-42B that was dismissed on June 30,
2022, after an offer of Prosecutorial Discretion. (Id. ¶ 17.) On February 3, 2026, U.S.
Immigration and Customs Enforcement (“ICE”) arrested Felipe in the midst of Operation
Metro Surge in Minneapolis, and he is currently held at Fort Snelling near St. Paul,
Minnesota. (Id. ¶ 18.)
The Court, United States District Judge Michael J. Davis, issued an Order to Show
Cause on February 4, 2026, requiring Respondents to file an answer to the issues raised in
the Petition and enjoining Respondents from removing Felipe from the District of
Minnesota until a final decision is made in his Petition. (Dkt. 6.) Judge Davis specifically
ordered:
Respondents are directed to file an answer to the petition for a writ of
habeas corpus of petitioner Felipe S.M. [sic] by no later than February
6, 2026, certifying the true cause and proper duration of Petitioner’s
confinement and showing cause why the writ should not be granted in
this case.
(Id. ¶ 1.) Judge Davis further ordered:
Respondents’ answer should include:
a. Such affidavits and exhibits as are needed to establish the lawfulness
and correct duration of Petitioner’s detention in light of the issues
raised in the habeas petition;
b. A reasoned memorandum of law and fact explaining respondents’
legal position on Petitioner’s claims;
c. Respondents’ recommendation on whether an evidentiary hearing
should be conducted; and
d. Whether the absence of a warrant preceding Petitioner’s arrest
necessitates Petitioner’s immediate release.
(Id. ¶ 2.)
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On February 6, 2026, Respondents filed a two-page Response to the Petition. (Dkt.
8.) Respondents stated that the Petition “raises legal and factual issues similar to those in
prior habeas petitions this Court has decided” and incorporated the arguments currently on
expedited review in Avila v. Bondi, No. 25-3248 (8th Cir. docketed Nov. 10, 2025). Despite
Judge Davis’s order, Respondents failed to attach to their response any affidavits or
exhibits to justify the lawfulness of Felipe’s detention or any warrant justifying his arrest.
(See Dkt. 10.)
ANALYSIS
Two statutes govern the detention of noncitizens pending removal proceedings—8
U.S.C. §§ 1225 and 1226. In recent months, Respondents, have taken the position that the
mandatory detention provision in 8 U.S.C. § 1225(b)(2) applies to noncitizens, already in
the United States, that entered without inspection. By incorporating the arguments put
forward in Avila, Respondents argue that in these circumstances, noncitizens are not
entitled to a bond hearing under 8 U.S.C. § 1226(a) as a matter of statutory interpretation.
Felipe argues that he is not subject to mandatory detention under § 1225(b)(2) and is
instead subject to the discretionary framework of § 1226(a), which requires that he receive
a bond hearing. In sum, the parties’ disagreement amounts to one of statutory
interpretation: whether 8 U.S.C. § 1225(b)(2) or § 1226(a) applies to noncitizens already
residing in the United States.
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Respondents implicitly concede that Felipe’s claim is similar to the numerous other
immigration cases in this District2 where noncitizens, found in Minnesota and detained by
ICE, seek bond hearings pursuant to 8 U.S.C. § 1226(a), and in which the majority of
district judges in this district have ruled against Respondents’ interpretation of the law and
the application of 8 U.S.C. § 1225(b)(2). See E.M. v. Noem, No. 25-cv-3975 (SRN/DTS),
2025 WL 3157839 (D. Minn. Nov. 12, 2025); Santos M.C. v. Olson, No. 25-cv-4264
(PJS/DJF), 2025 WL 3281787 (D. Minn. Nov. 25, 2025); Jose J.O.E. v. Bondi, No. 25-cv-
3051 (ECT/DJF), 2025 WL 2466670 (D. Minn. Aug. 27, 2025); Andres R.E. v. Bondi, No.
25-cv-3946 (NEB/DLM), 2025 WL 3146312 (D. Minn. Nov. 4, 2025); Belsai D.S. v.
Bondi, No. 25-cv-3682 (KMM/EMB), 2025 WL 2802947 (D. Minn. Oct. 1, 2025); Eliseo
A.A. v. Olson, No. 25-cv-3381 (JWB/DJF), 2025 WL 2886729 (D. Minn. Oct. 8, 2025);
Francisco T. v. Bondi, No. 25-cv-3219 (JMB/DTS), 2025 WL 2629839 (D. Minn. Aug. 29,
2025); Roberto M. v. Olson, No. 25-cv-4456 (LMP/ECW), ECF No. 15 (D. Minn. Dec. 9,
2025); Iishaar-Abdi v. Klang, No. 25-cv-4686 (JRT/DTS), 2025 WL 3764853, at *1 (D.
Minn. Dec. 30, 2025); but see Abdirhamaan G. v. Noem et al., 26-cv-34 (PAM/SGE), Dkt.
7 (adopting Respondents’ interpretation of the statute). Indeed, Judge Davis has also
concluded that § 1226(a) governs the detention of noncitizens who are already present or
residing in the United States, such as Felipe—not § 1225(b), which governs the detention
of noncitizens seeking admission into the United States. See Awaale v. Noem, No. 25-cv-
2 See Dkt. 4 (“[T]his Petition raises legal and factual issues similar to those in prior
habeas petitions this Court has decided.”).
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4551 (MJD/JFD), 2025 WL 3754012, at *1 (D. Minn. Dec. 29, 2025); Mohamed A. v.
Bondi et al., 25-cv-4515 (MJD/ECW), Dkt. 17.
Beyond Minnesota, district courts across the nation and the Seventh Circuit Court
of Appeals have addressed this exact question and agreed that § 1226(a), not § 1225(b),
governs detention of noncitizens already present in the United States. See Castañon-Nava
v. U.S. Dep’t of Homeland Sec., 161 F.4th 1048, 1060–62 (7th Cir. 2025); Demirel v. Fed.
Detention Ctr., No. 25-cv-5488, 2025 WL 3218243, at *4 (E.D. Pa. Nov. 18, 2025)
(collecting cases); Reyes v. Raycraft, No. 25-cv-12546, 2025 WL 2609425, at *6–7 (E.D.
Mich. Sept. 9, 2024) (collecting cases); but see Buenrostro-Mendez v. Bondi, No. 25-20496
(5th Cir. filed Feb. 6, 2026).
Respondents do not assert that Felipe has any criminal history other than the one
traffic offense that Felipe disclosed himself. (Dkt. 1 at 4.) Respondents also fail to offer
any argument that a different exception would subject Felipe to mandatory detention under
§ 1226(c) or that his case is in any way distinguishable from the many other cases in this
District. Respondents merely maintain the same argument that detention is mandatory
under 8 U.S.C. § 1225(b), which as discussed above, has been repeatedly rejected. See
Fuentes, 2025 WL 3524455, at * 1 (“The Government has now been told nearly 300 times
(and counting) that its mandatory-detention scheme is unlawful. Yet as this case illustrates,
the Government has not taken “no” for an answer.”) (citing Demirel, 2025 WL 3218243,
at *4). The undersigned finds no reason to depart from the well-reasoned judicial consensus
in this district and across the country.
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That, however, is not the end of the inquiry. Section 1226(a) provides that “[o]n a
warrant issued by the Attorney General, an alien may be arrested and detained.” In other
words, “[i]ssuance of a warrant is a necessary condition to justify discretionary detention
under section 1226(a).” Cristian Z. v. Bondi, No. 26-cv-157 (ECT/ECW), 2026 WL
123116, at *2 (D. Minn. Jan. 16, 2026) (citation omitted). Because a warrant is a “necessary
condition” to justify detention under § 1226(a), “[i]t follows that absent a warrant a
noncitizen may not be arrested and detained under section 1226(a).” Id. (cleaned up);
Ahmed M. v. Bondi, No. 25-cv-4711 (ECT/SGE), 2026 WL 25627, at *3 (D. Minn. Jan. 5,
2026) (same).
Judge Davis’s Order to Show Cause gave Respondents an opportunity to
demonstrate any justification for Felipe’s arrest. Despite this opportunity, Respondents
failed to provide a valid statutory basis for Felipe’s detention or demonstrate that the
warrant requirement of § 1226(a) had been met. “[R]elease is an available and appropriate
remedy” for “detention that lacks a lawful predicate.” Cristian Z., 2026 WL 123116, at *2
(citation omitted). “Where the record shows Respondents have not identified a valid
statutory basis for detention in the first place, the remedy is not to supply one through
further proceedings.” Id. (citations omitted). Because Respondents have failed to
demonstrate a legal justification for Felipe’s detention, this Court recommends that he be
released from custody immediately.
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RECOMMENDATION
Based on all the files, records, and proceedings herein, this Court hereby
RECOMMENDS that the Petition (Dkt. 1) be GRANTED, and that Felipe E.S.D. be
immediately released from detention into Minnesota without conditions, and that
Respondents be ordered to return to Felipe E.S.D. any documents, property, or effects
seized during his arrest
Dated: February 10, 2026
s/Shannon G. Elkins
SHANNON G. ELKINS
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of
Appeals.
Under the circumstances of this case and Local Rule 72.2(b)(1), the parties may file and
serve specific written objections to a magistrate judge’s proposed findings and
recommendations within 2 days of the filing of the Report and Recommendation without
regard to weekends or holidays. A party may respond to those objections within 2 days
after being served a copy of the objections without regard to weekends or holidays. See
Local Rule 72.2(b)(2). All objections and responses must comply with the word or line
limits set forth in Local Rule 72.2(c).
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