Case Name in Immigration Case - Unavailable

0:26-cv-00269MndJan 23, 2026

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Adriano L.V.,
Petitioner,
v.
Kristi Noem, in her official capacity as
Secretary of the Department of
Homeland Security; Todd Lyons, in
his official capacity as Acting Director
of United States Immigration and
Customs Enforcement; and David
Easterwood, in his official capacity as
Acting Director, St. Paul Field Office,
U.S. Immigration and Customs
Enforcement,
Respondents.
ORDER ADOPTING REPORT
AND RECOMMENDATION
AND GRANTING WRIT OF
HABEAS CORPUS
Civil File No. 26-269 (MJD/DJF)
Graham Blair Ojala-Barbour, Ojala-Barbour Law Firm, Counsel for
Petitioner, Adriano L.V.
David W. Fuller, Assistant United States Attorney, Counsel for Federal
Respondents.
The above-entitled matter comes before the Court upon the Report
and Recommendation of United States Magistrate Judge Dulce J. Foster
CASE 0:26-cv-00269-MJD-DJF Doc. 7 Filed 01/23/26 Page 1 of 3
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dated January 18, 2026. There were no objections to the Report and
Recommendation.
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 January 18, 2026.
Accordingly, based upon the files, records, and proceedings herein,
IT IS HEREBY ORDERED:
1. 	The Court ADOPTS the Report and Recommendation of
United States Magistrate Judge Dulce J. Foster dated January
18, 2026 [Docket No. 6].
2. 	Petitioner Adriano L.V.’s Petition for a 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), and is instead subject to detention,
pursuant to the provisions of 8 U.S.C. § 1226(a);
B. 	Respondents must immediately release Petitioner from
detention;
C. 	Respondents must provide Petitioner the means to return
to the District of Minnesota upon his release.
D. 	Within ten days of the date of this Order, the parties shall
provide the Court with a status update concerning the
release and return of Petitioner pursuant to this Order.
CASE 0:26-cv-00269-MJD-DJF Doc. 7 Filed 01/23/26 Page 2 of 3
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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.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 23, 2026 	s/Michael J. Davis
Michael J. Davis
United States District Court
CASE 0:26-cv-00269-MJD-DJF Doc. 7 Filed 01/23/26 Page 3 of 3

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