Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Abdiqadir A.,
Petitioner,
v.
Pamela Jo Bondi, in her official capacity as
Attorney General of the United States; Kristi
Noem, in her official capacity as Secretary
of the U.S. Department of Homeland
Security; Todd Lyons, in his official
capacity as Acting Director of Immigration
and Customs Enforcement; David
Easterwood, in his official capacity as
Acting Director, St. Paul Field Office,
Immigration and Customs Enforcement;
Andrew Larson, in his official capacity as
Executive Director of Northwest Regional
Corrections Center;
Respondents.
File No. 26-CV-272 (JMB/DTS)
ORDER
Graham 	Blair 	Ojala-Barbour, 	Ojala-Barbour 	Law 	Firm, 	PLLC, 	St. 	Paul, 	MN, 	for
Abdiqadir A.
Ana H. Voss, United States Attorney’s Office, Minneapolis, MN, for Respondents Pamela
Jo Bondi, Kristi Noem, Todd Lyons, David Easterwood, and Andrew Larson.
This matter is before the Court on Petitioner Abdiqadir A.’s1 Petition for Writ of
Habeas Corpus (Petition) under 28 U.S.C. § 2241. 	(Doc. No. 1 [hereinafter, “Pet.”].)
1 This District has adopted a policy of using only the first name and last initial of any
nongovernmental parties in immigration cases.
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Respondents Pamela Jo Bondi, Kristi Noem, Todd Lyons, David Easterwood, and Andrew
Larson (together, Respondents) oppose the Petition. For the reasons explained below, the
Court grants the Petition.
FINDINGS OF FACT
1. 	Abdiqadir A. is a citizen of Somalia who entered the United States on
October 16, 2024. (Pet. ¶¶ 1, 3.)
2. 	At or near in time to Abdiqadir’s entry into the United States, Respondents
detained and paroled Abdiqadir A. pursuant to 8 U.S.C. § 1182(d)(5)(A) for one year
starting on November 27, 2024. (Pet. ¶ 3.) At that time, Respondents released him from
custody. (Id.)
3. 	Abdiqadir A. was placed in full removal proceedings on November 25, 2024.
(Id. ¶ 4.)
4. 	He then applied for asylum and withholding of removal. 	(Pet. ¶ 5.) 	His
applications are now pending, and he has an individual hearing scheduled on January 26,
2026. (Id.)
5. 	He has been living in the United States freely since he was paroled in 2024
and has no criminal history. (Id. ¶¶ 5, 15, 32.) He has a valid work permit based on his
pending asylum application and has never missed a court hearing or otherwise violated the
conditions of his release from custody. (Id. ¶ 31.)
6. 	Respondents re-detained Abdiqadir A. on December 5, 2025, and he is
currently detained in Minnesota. (Id. ¶ 15.)
7. 	Abdiqadir A. filed his Petition on January 14, 2026. (Pet.) He asks the Court
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to immediately release him from custody or, in the alternative, order that he be granted a
bond hearing pursuant to 8 U.S.C. § 1226 within seven days. (Id. at 20–21.)
8. 	On January 14, 2026, the Court ordered Respondents to respond to the
Petition by January 16, 2026, at 11:00 a.m. CT “certifying the true cause and proper
duration of Petitioner's confinement and showing cause as to why the writ should not be
granted in this case.” (Doc. No. 3.)
9. 	The deadline has passed, and Respondents did not respond to the Petition.
DISCUSSION
Respondents do not oppose the Petition, and on that basis alone, and considering the
factual showings made by Petitioner as recounted above, the Court grants the Petition.2
2 As a threshold matter, the Court notes that a writ of habeas corpus may be granted
to any person who demonstrates he is in custody in violation of the Constitution or laws of
the United States. 28 U.S.C. § 2241(c)(3); Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004)
(concluding that the Constitution guarantees that the writ of habeas corpus is “available to
every individual detained within the United States” (citing U.S. Const., Art. I, § 9, cl. 2));
Aditya W.H. v. Trump, 782 F. Supp. 3d 691, 702 (D. Minn. 2025). For most of the nation’s
history, habeas review “has remained a critical check on the Executive, ensuring that it
does not detain individuals except in accordance with law.” 	Hamdi, 542 U.S. at 525
(quotation omitted). The right to challenge the legality of a person’s confinement through
a petition for a writ of habeas corpus “extends to . . . immigration-related detention.” Deng
Chol A. v. Barr, 455 F. Supp. 3d 896, 900–01 (D. Minn. 2020) (citation omitted). 	The
petitioner bears the burden of proving that his detention is illegal by a preponderance of
evidence. 	Jose J.O.E. v. Bondi, No. 25-CV-3051 (ECT/DJF), 2025 WL 2466670, at *5
(D. Minn. Aug. 27, 2025) (citing Aditya W.H., 782 F. Supp. 3d at 703).
The Constitution also guarantees every person in the United States due process of
law, including persons who are not United States citizens. E.g., Lopez v. Heinauer, 332
F.3d 507, 512 (8th Cir. 2003) (“The Supreme Court has long recognized that deportable
aliens are entitled to constitutional protections of due process.” (citing Yamataya v. Fisher,
189 U.S. 86, 100–01 (1903))); see also, e.g., Trump v. J.G.G., 604 U. S. 670, 673 (2025)
(per curiam) (“‘It is well established that the Fifth Amendment entitles aliens to due process
of law’ in the context of removal proceedings.” (quoting Reno v. Flores, 507 U.S. 292, 306
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Separately and independently, the Court also grants the request for immediate
release because it is persuaded by the analysis of the court in Rodriguez-Acurio v.
Almodovar, No. 2:25-CV-6065 (NJC), 2025 WL 3314420 (E.D.N.Y. Nov. 28, 2025). Like
the petitioner in Rodriguez-Acurio, Abdiqadir A was previously released on temporary
parole, did not violate any terms of the release, and remains in the United States with a
pending asylum and withholding-of-removal application after the expiration of the
temporary parole. 	See id. at *9–24. 	Accordingly, the Court orders that Abdiqadir A. be
released.3
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT the Petition (Doc. No. 1) is GRANTED as follows:
1. 	Respondents are ORDERED to release Petitioner Abdiqadir A. from custody
immediately, and in any event on or before 5:00 p.m. CT on January 16,
2026.
2. 	On or before 11:00 a.m. CT on January 20, 2026, Respondents shall provide
the Court with a status update affirming that Petitioner was released from
custody in accordance with this Order.
3. 	Abdiqadir A. may move separately within 30 days of final judgment in this
action to recover attorney’s fees and costs under the Equal Access to Justice
Act, 28 U.S.C. § 2412(d).
LET JUDGMENT BE ENTERED ACCORDINGLY.
(1993))); Zadvydas v. Davis, 533 U.S. 678, 695 (2001) (“[T]he Due Process Clause applies
to all persons within the United States, including aliens, whether their presence here is
lawful, unlawful, temporary, or permanent.”).
3 In light of this decision, the Court declines to address the remaining allegations and claims
in the Petition.
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Dated: January 16, 2026 	/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court
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