Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CIVIL NO. 26-576(DSD/LIB)
Hector V.,
Petitioner,
v.
Pamela Bondi, Attorney General;
Kristi Noem, U.S. Department of
Homeland Security; Todd M.
Lyons, Acting Director of
Immigration and Customs
Enforcement; David Easterwood,
Acting Director, St. Paul Field
Office, Immigration and Customs
Enforcement,
Respondents.
ORDER
This matter is before the court upon the petition for writ of
habeas 	corpus. 	Based 	on 	a 	review 	of 	the 	file, 	record, 	and
proceedings herein, the court grants the petition.
Petitioner Hector V. is a citizen of Venezuela who has lived
in 	Minnesota 	since 	December 	2021. 	Pet. 	¶ 17. 	He 	has 	a 	pending
asylum 	application 	and 	does 	not 	have 	a 	final 	order 	of 	removal.
Id. 	¶ 18. 	Hector 	has 	been 	in 	respondents’ 	custody 	since 	January
22, 2026. 	Id. ¶ 21.
Through his petition, brought under 28 U.S.C. § 2241, Hector
challenges 	his 	detention 	and 	requests 	immediate 	release 	or 	an
expedited bond hearing, as well as injunctive relief. 	The narrow
issue 	presented 	is 	whether 	Hector 	is 	subject 	to 	8 	U.S.C.
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§ 1225(b)(2), which mandates detention, or 8 U.S.C. § 1226, which
is discretionary with respect to detention pending a bond hearing.
Pet. 	¶¶ 	46-66. 	Hector 	argues 	that 	respondents 	have 	erroneously
classified 	him 	as 	falling 	under 	§ 1225(b)(2), 	which 	violates 	his
Fifth 	Amendment 	right 	to 	due 	process, 	the 	Immigration 	and
Nationality 	Act, 8 	U.S.C. 	§§ 1225(b)(2) and 1226(a), 	and 	related
regulations, 	and 	the 	Administrative 	Procedures 	Act, 	5 	U.S.C.
§ 706(2)(A). 	Id. ¶¶ 35-51.
The issue presented has been ruled on by many judges in this
district 	and 	beyond. 	The 	great 	weight 	of 	authority 	persuasively
holds 	that 	Hector 	and 	others 	in 	his 	circumstances 	have 	been
improperly 	detained 	under 	§ 	1225(b)(2) and 	should 	be 	allowed 	the
processes available under § 1226. 	See Elias C. v. Bondi, No. 26-
cv-307, 2026 WL 145962 (D. Minn. Jan. 20, 2026) (collecting cases).
Indeed, courts have overwhelmingly ruled that § 1225(b)(2) applies
to 	applicants 	“seeking 	admission,” 	and 	that 	§ 	1226 	applies 	to
“aliens 	already 	in 	the 	country.” 	See 	id. 	The 	court 	agrees 	with
such authority and will follow suit without additional discussion.
The court is not persuaded that Hector’s asylum application should
yield a different result. 	See Yessenia S.T. v. Bondi, No. 26-cv-
30, 2026 WL 102407 (D. Minn. Jan. 14, 2026).
Accordingly, IT IS HEREBY ORDERED that the petition for writ
of habeas corpus [ECF No. 1] is granted as follows:
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1. 	Petitioner is not subject to mandatory detention under 8
U.S.C. 	§ 	1225(b)(2), 	and 	is 	instead 	subject 	to 	detention, 	if 	at
all, under the discretionary provisions of 8 U.S.C. § 1226;
2. 	Respondents 	shall 	provide 	petitioner 	a 	bond 	hearing 	in
accordance with 8 U.S.C. § 1226(a)(2)(A) within seven days of the
date of this order;
3. 	If 	Respondents 	do 	not 	provide 	Petitioner 	with 	a 	bond
hearing 	under 8 	U.S.C. 	§ 	1226(a) as 	required 	herein, 	petitioner
must be immediately released from detention;
4. 	Respondents 	are 	enjoined 	from 	removing, 	transferring, 	or
otherwise facilitating the removal of petitioner from the District
of Minnesota before the bond hearing; and
5. 	Upon 	petitioner’s 	release, 	respondents 	shall 	return 	to
him 	any 	employment 	authorization 	documentation 	and 	any 	other
identification documentation seized on his arrest.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 	January 28, 2026 	/s David S. Doty 	__
David S. Doty, Judge
United Stated District Court
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