Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
YOLANDA ELVIRA GARZA
ZACARIAS,
Petitioner,
vs.
PAMELA BONDI, Attorney General,
et al.,
Respondents.
0:26-CV-1259
MEMORANDUM AND ORDER
CONDITIONALLY 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. She contends his detention is unlawful because she was denied
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 5.
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 5—so the Court
declines to hold a hearing. See § 2243. The Court will conditionally grant the
petition for the reasons thoroughly articulated by the undersigned in Velasco
Hurtado v. Bondi, No. 0:26-CV-546, 2026 WL 184884 (D. Minn. Jan. 24, 2026).1
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
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2
IT IS ORDERED:
1. The Petition for Writ of Habeas Corpus (filing 1) is
conditionally granted.
2. The government shall provide the petitioner with a bond
hearing pursuant to 8 U.S.C. § 1226(a) and the
corresponding regulations on or before February 17,
2026.
3. If the government does not provide the petitioner with a
bond hearing as required, the petitioner must be
immediately released from detention.
4. On or before February 19, 2026, the government shall
provide the Court with a status update regarding the bond
hearing or, if no bond hearing was held, advise the Court
regarding the petitioner's release.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 10th 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).
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