0:26-cv-00402•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Daniel P., Petitioner, v. Kristi Noem, et al., Respondents. ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING WRIT OF HABEAS CORPUS Civil File No. 26-402 (MJD/DTS) Bruce D. Nestor, De Leon & Nestor, Counsel for Petitioner. Ana H. Voss, Liles Harvey Repp, Assistant United States Attorneys, Counsel for Respondents. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge David T. Schultz dated January 28, 2026 [Docket No. 11]. 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 Schultz dated January 28, 2026. CASE 0:26-cv-00402-MJD-DTS Doc. 12 Filed 01/31/26 Page 1 of 2
2 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 David T. Schultz dated January 88, 2026 [Docket No. 11]. 2. Petitioner Daniel P.’s Petition for a Writ of Habeas Corpus [Docket No. 1] is GRANTED as follows: A. Respondents are ordered to issue an administrative warrant and provide Daniel P with a bond hearing pursuant to 8 U.S.C. § 1226 within seven days of this Order; B. If the Respondents fail to issue an administrative warrant and provide Petitioner with a bond hearing in seven days, Respondents are ordered to release Daniel P.; C. Respondents are enjoined from denying Daniel P. a bond hearing on the basis that 8 U.S.C. § 1225(b)(2) applies to him; and D. Respondents are ordered to report to the Court in seven days with the results of the bond hearing and/or whether Daniel P. has been released. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 31, 2026 s/Michael J. Davis Michael J. Davis United States District Court CASE 0:26-cv-00402-MJD-DTS Doc. 12 Filed 01/31/26 Page 2 of 2
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