Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Andrei C,
Petitioner,
v.
Todd Lyons, in his capacity as Acting
Director, Immigration and Customs
Enforcement; Kristi Noem, Secretary,
U.S. Department of Homeland Security;
Pamela Bondi, U.S. Attorney General;
Executive Office for Immigration Review;
and David Easterwood, Field Office
Director of St. Paul Field Office for U.S.
Department of Homeland Security, United
States Immigration and Customs
Enforcement, Enforcement and Removal
Operations,
Respondents.
No. 26-CV-0166 (SRN/ECW)
ORDER
Thomas R. Anderson, III, Anderson & Anderson Law, LLC, 2900 Washington Ave. N.,
Minneapolis, MN 55411, for Petitioner
Ana Voss, U.S. Attorney’s Office, 300 S. 4th St., Minneapolis, MN 55415, for
Respondents
SUSAN RICHARD NELSON, United States District Judge
Before the Court is the Petition for a Writ of Habeas Corpus (“Petition”) [Doc. No.
1] filed by Petitioner Andrei C., who seeks immediate release from detention or, in the
alternative, an opportunity for a bond hearing. Respondents oppose the Petition. (Resp’ts’
Opp’n [Doc. No. 4].)
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The Court has taken the Petition under advisement on the papers. For the reasons set
forth below, the Petition is granted and the Court orders Andrei C. to be released
immediately.
I. 	BACKGROUND
A. Immigration Proceedings
Petitioner is a citizen of Moldova. (Pet. at 3.) Since August 2023, he has resided in
Minnesota, where he lives with his wife and minor child. 	(Id.) 	Petitioner, his wife, and
child hold refugee status and were admitted to the United States under § 207(c)(2) of the
Immigration and Nationality Act (“INA”). 	(Id. at 2, 5; Ex. A (Pet’r’s Proof of Refugee
Status & Admission under INA § 207(c)(2).) He has no criminal history. (Pet. at 5.)
In November 2023, United States Customs and Immigration Services (“USCIS”)
approved 	Petitioner’s 	application for 	employment authorization 	and issued a 	work
authorization card. 	(Robinson Decl. [Doc. No. 5] ¶ 5; Pet’r’s Ex. E (Approval Notice).)
On December 14, 2024, USCIS received Petitioner’s Form I-485, Application to Register
Permanent Residence or Adjust Status. 	(Robinson Decl. ¶ 6; Pet’r’s Ex. I (Receipt of I-
485).) William Robinson, a USCIS Deportation Officer, attests that Andrei C.’s Form I-
485 Application is currently pending. 	(Robinson Decl. ¶ 6.) 	To the best of his family’s
knowledge and belief, USCIS has never initiated removal proceedings against Petitioner,
nor any other formal process of revoking his refugee status. (Pet. at 5.)
On January 9, 2026, USCIS issued a press release concerning the launch of
Operation PARRIS [Post-Admission Refugee Reverification and Integrity Strengthening]
in Minnesota, “a sweeping initiative reexamining thousands of refugee cases through new
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background checks and intensive verification of refugee claims.” USCIS, DHS Launches
Landmark 	USCIS 	Fraud 	Investigation 	in 	Minnesota,
https://www.uscis.gov/newsroom/news-releases/dhs-launches-landmark-uscis-fraud-
investigation-in-minnesota (Jan. 9, 2026).
Two 	days 	later, 	on 	Sunday, 	January 	11, 	2026, 	ICE 	arrested 	Petitioner 	in
Minneapolis. 	(Id. ¶ 7.) 	That same day, attorney Samantha Paige Matsch filed a G-28
Notice of Representation with ICE and worked with attorney Thomas Anderson (counsel
of record in the instant proceedings) in the preparation and filing of the instant Petition.
(Matsch Aff. [Doc. No. 7-1] ¶ 2.) Counsel filed the Petition on January 11. (Id. ¶ 3.) Later
that evening, Petitioner phoned family members and informed him that he was being
detained at the Bishop Henry Whipple Federal Building at Fort Snelling, and had learned
from ICE officers that he would be transferred to Houston, Texas, the following day,
January 12, at 1:00 p.m. (Id.)
At 8:00 a.m. on January 12, Ms. Matsch and two of Petitioner’s family members
visited the Bishop Henry Whipple Federal Building, bringing copies of the Petition, and
asked to speak to the officer in charge of Petitioner’s case. (Id. ¶ 4.) Unable to do so, Ms.
Matsch then asked to speak directly with Petitioner. 	(Id. ¶ 5.) 	She was informed that
detainees do not stay overnight at the facility because there are no beds in the building. (Id.
¶ 5.) A front desk ICE employee took copies of the Petition to add to Petitioner’s file. (Id.¶
6.)
At 	11:32 	a.m. 	on 	January 	12, 	the 	undersigned 	judge 	ordered 	Respondents
temporarily enjoined 	and restrained from 	moving Petitioner out of the District of
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Minnesota during the pendency of his Habeas Petition. (Order to Show Cause [Doc. No.
3] ¶ 4.)
On January 13, Petitioner informed his family by telephone that he had been moved
to Houston, Texas on the afternoon of January 12. (Matsch Aff. ¶ 7.) The flight had taken
place on January 12, after Petitioner’s counsel had served the Order to Show Cause on
Respondents. (Id.) In addition, prior to going to the airport, Petitioner had, in fact, been
held in detention at the Bishop Henry Whipple Federal Building, along with other
detainees, where they had slept on the floor overnight. (Id. ¶ 8.)
While Petitioner was at the Houston Processing Center on January 13, Respondents’
representatives attempted to interview him to “re-justify his refugee status.” 	(Id. ¶ 10.)
The interview did not proceed that day, but officers informed Petitioner that he would be
interviewed on January 14. 	(Id.) 	Petitioner’s counsel, Ms. Matsch, received word on
January 14 from an immigration officer in Houston that Petitioner’s interview was about
to proceed. (Id.) Ms. Matsch communicated Petitioner’s lack of consent to be interviewed
in Texas, because he was in Texas in violation of this Court’s Order to Show Cause that
required him to remain in Minnesota. (Id.)
In his Declaration, Deportation Officer Robinson attests that as of January 14, ICE
was transferring Petitioner “back to Saint Paul, Minnesota to comply with the court order.”
(Robinson Decl. ¶ 9.) 	USCIS’s online detainee locator indicates that as of January 15,
Petitioner returned to Minnesota, where he remains in USCIS custody. 	USCIS, Online
Detainee Locator Sys., https://locator.ice.gov/odls/#/search (last accessed Jan. 15, 2026).
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As noted, Petitioner seeks immediate release from detention. 	He argues that
because of his status as a refugee and lack of criminal history, Respondents cannot initiate
removal proceedings against him. 	And because Respondents cannot initiate removal
proceedings, 	he 	argues 	that 	they 	cannot 	detain 	him 	pending 	nonexistent 	removal
proceedings. (Reply [Doc. No. 7] at 6.)
In Respondents’ one-paragraph response, they invoke their prior positions in non-
refugee cases, as set forth in Avila v. Bondi, No. 25-3248 (8th Cir. Nov. 10, 2025), currently
pending before the Eighth Circuit Court of Appeals. (Resp’ts’ Opp’n at 1.)
II. 	DISCUSSION
Under the INA, a “refugee” is defined as
(A) any person who is outside any country of such person’s nationality
or, in the case of a person having no nationality, is outside any country
in which such person last habitually resided, and who is unable or
unwilling to return to, and is unable or unwilling to avail himself or
herself of the protection of, that country because of persecution or a well-
founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion, or (B) in
such special circumstances as the President after appropriate consultation
(as defined in section 1157(e) of this title) may specify, any person who
is within the country of such person’s nationality or, in the case of a
person having no nationality, within the country in which such person is
habitually residing, and who is persecuted or who has a well-founded
fear of persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion.
8 U.S.C. § 1101(a)(42).
Following screening and vetting procedures, refugees may be lawfully admitted to
the 	United 	States 	under 	8 	U.S.C. 	§ 	1157. 	USCIS, 	Refugees,
https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees (last visited January
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15, 2026). Admission as a refugee is a distinct lawful immigration status. After residing
in the United States for one year, refugees are required to apply for adjustment of status to
lawful permanent residence. 8 U.S.C. § 1159(a).
The Board of Immigration Appeals has held that refugees may not be placed in
removal proceedings unless their refugee status has been terminated or their adjustment
application denied. Matter of Garcia-Alzugaray, 19 I & N Dec. 407, 410 (BIA 1986). For
example, a refugee may be subject to removal for committing serious crimes, see, e.g.,
Xiong v. Gonzales, 484 F.3d 530, 534 (8th Cir. 2007) (affirming placement of refugee in
removal proceedings following conviction of an aggravated felony), or if the noncitizen is
found to have not been a refugee as defined in the INA. 8 U.S.C. § 1157(c)(4).
In Respondents’ one-paragraph response to the Petition, they rely on arguments
raised in Avila concerning distinctions between 8 U.S.C. §§ 1225 and 1226. 	These
distinctions 	concern 	differences 	in 	detention 	(mandatory 	versus 	discretionary) 	for
noncitizens who arrive at the border versus noncitizens who already reside in the United
States. 	Respondents’ arguments in Avila are inapplicable here, as they do not pertain to
noncitizens with refugee status. 	Because Respondents have failed to materially address
any of the arguments made in the Petition, the Court regards the Petition as unopposed. In
contrast, Petitioner has submitted ample evidence in support of his refugee status and his
pending adjustment application. 	Accordingly, there is no lawful basis for Petitioner’s
detention, and the Court orders his immediate release.
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III. 	ORDER
Based on the submissions and the entire file and proceedings herein, IT IS
HEREBY ORDERED that
1. 	Petitioner Andrei C.’s Petition for a Writ of Habeas Corpus [Doc. No. 1] is
GRANTED.
2. 	Respondents shall release Petitioner from custody IMMEDIATELY, but no
later than within 48 hours.
3. 	Respondents shall confirm Petitioner’s release within 48 hours from the date of
this Order.
Dated: January 16, 2026 	s/Susan Richard Nelson _________
SUSAN RICHARD NELSON
United States District Judge
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