Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
OSCAR G.S.,
Petitioner,
v.
PAMELA BONDI, United States Attorney
General;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
DEPARTMENT OF HOMELAND SECURITY;
TODD 	M. 	LYONS, 	Acting 	Director,
Immigration and Customs Enforcement;
IMMIGRATION 	AND 	CUSTOMS
ENFORCEMENT;
DAREN 	K. 	MARGOLIN, 	Director 	for
Executive Office for Immigration Review;
EXECUTIVE 	OFFICE 	FOR 	IMMIGRATION
REVIEW;
DAVID EASTERWOOD, Acting Director, St.
Paul Field Office, U.S. Immigration and
Customs Enforcement,
Respondents.
Civil No. 26-1496 (JRT/ECW)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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Clara Ester Fleitas-Langford and David L. Wilson, WILSON LAW GROUP,
3019 Minnehaha Avenue, Minneapolis, MN, for Petitioner.
David W. Fuller and Matthew Isihara, UNITED STATES ATTORNEY’S OFFICE,
300 	South 	Fourth 	Street, 	Suite 	600, 	Minneapolis, 	MN 	55415 	for
Respondents.
Petitioner Oscar G.S. was detained by U.S. Immigration and Customs Enforcement
(“ICE”) officials on December 31, 2025. (Verified Pet. for Writ of Habeas Corpus ¶ 31, Feb.
17, 2026, Docket No. 1.) 	On February 17, 2026, Petitioner filed a petition for writ of
habeas corpus, challenging the lawfulness of his detention. 	(Id.) 	Because the Court
concludes that Petitioner is being detained unlawfully, the Court will grant the petition
and order Petitioner’s immediate release.
DISCUSSION
Petitioner Oscar G.S. is a citizen of Mexico and a resident of Minnesota. (Pet. ¶ 13.)
Most recently, he has been present in the United States since 2019. 	(Id. ¶¶ 28–30.)
Petitioner is currently detained in Minnesota. (Id. ¶ 36.)
Respondents rely on 8 U.S.C. § 1225(b)(2) to justify Petitioner’s detention. 	The
Court rejects that justification. 	To the extent Respondents reply on § 1225(b)(2), the
Court concludes that the legal issues presented by Petitioner’s habeas petition are subject
to the same analysis the Court recently employed in Herrera Avila v. Bondi, Civ. No. 25-
3741, 2025 WL 2976539 (D. Minn. Oct. 21, 2025);and Romero Santuario v. Bondi, Civ. 25-
4296, 2025 WL 3469577 (D. Minn, Dec. 2, 2025). Section 1225(b)(2) does not authorize
the mandatory detention of an individual already present in the United States.
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The Court therefore turns to the proper remedy. Where, as here, (1) Respondents
erroneously 	assert 	that 	a 	detainee 	is 	being 	held 	pursuant 	to 	§ 	1225(b)(2) 	and
(2) Respondents have not produced a warrant, as is required to effectuate an arrest
pursuant to § 1226(a), the appropriate remedy is release from custody. See, e.g., Ahmed
M. v. Bondi, No. 25-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026); Lauro M. v. Bondi,
No. 26-134, 2026 WL 115022, at *3 (D. Minn. Jan. 15, 2026); cf. Munaf v. Geren, 553 U.S.
674, 693 (2008) (“Habeas is at its core a remedy for unlawful executive detention. . . . The
typical remedy for such detention is, of course, release.”).
The Court will grant Oscar G.S.’s petition for writ of habeas corpus and order that
he be released from custody.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that
1. 	Petitioner Oscar G.S.’s Verified Petition for Writ of Habeas Corpus (Docket No. [1])
is GRANTED, as follows:
a. 	Petitioner 	is 	not 	subject 	to 	mandatory 	detention 	under 	8 	U.S.C.
§ 1225(b)(2).
b. 	If Petitioner is being detained outside of Minnesota, Respondents shall
TRANSPORT Petitioner to Minnesota and RELEASE Petitioner from custody
immediately. Petitioner’s release in Minnesota must occur no later than 48
hours after the filing of this Order.
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c. 	If Petitioner is being detained in Minnesota, Respondents shall RELEASE
Petitioner from custody as soon as practicable, and no later than 48 hours
from the filing of this Order.
d. 	Given the severe weather conditions in Minnesota, Respondents are
ORDERED to coordinate with Petitioner’s counsel to ensure that upon
Petitioner’s release, they are not left outside in dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
e. 	Respondents must release Petitioner with all personal effects, such as
driver’s 	license, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
f. 	Respondents are ENJOINED from re-detaining Petitioner under this same
statutory theory, absent materially changed circumstances.
g. 	Both parties shall provide the Court with a status update concerning the
status of Petitioner’s release by no later than 5:00 p.m. on February 26,
2026. 	Further, the parties shall advise the Court whether any additional
proceedings in this matter are required and submit any proposals for the
scope of further litigation.
DATED: February 23, 2026 	_____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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