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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Estephanny P.,
Petitioner,
v.
Pamela Bondi, Attorney General; Kristi
Noem, Secretary, U.S. Department of
Homeland Security; Department of
Homeland Security; Todd M. Lyons,
Acting Director of Immigration and
Customs Enforcement; Immigration and
Customs Enforcement; and David
Easterwood, Acting Director, St. Paul
Field Office, Immigration and Customs
Enforcement,
Respondents.
File No. 26-cv-198 (ECT/JFD)
OPINION AND ORDER
David L. Wilson and Gabriela Sophia Anderson, Wilson Law Group, Minneapolis, MN,
for Petitioner Estephanny P.
Ana H. Voss,1 United States Attorney’s Office, Minneapolis, MN, for Respondents Pamela
Bondi, Kristi Noem, Department of Homeland Security, Todd M. Lyons, Immigration and
Customs Enforcement, and David Easterwood.
Petitioner Estephanny P. has filed a Verified Petition for Writ of Habeas Corpus
(“Petition” or “Pet.”) [ECF No. 1]. Estephanny is a Venezuelan citizen who was “admitted
to the United States as a refugee on September 12, 2023.” Pet. ¶¶ 28–29. Estephanny was
1 	The Government’s response in this matter was signed by J. Cruz Rodriguez on
behalf of the United States Attorney’s Office. See ECF No. 6. Mr. Rodriguez has not filed
a notice of appearance in this case.
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“detained [by Respondents] on January 12, 2026, in Minnesota.” Id. ¶ 30. She maintains
that her detention violates her Fifth Amendment rights to substantive and procedural due
process, the Immigration and Nationality Act and its implementing regulations, the
Administrative Procedure Act, and the Accardi doctrine. See id. ¶¶ 6, 61–82. Estephanny
asserts that her refugee status entitles her to immediate release. See id. at 23. Estephanny
does not seek a bond hearing under 8 U.S.C. § 1226(a). 	See id.
Respondents filed a one-paragraph response to Estephanny’s Petition, stating:
Petitioner filed this petition for a writ of habeas corpus to
secure a bond hearing in connection with Petitioner’s detention
by the U.S. Immigration and Customs Enforcement. This
petition raises legal and factual issues similar to those in prior
habeas petitions this Court has decided. Those issues are
currently before the Eighth Circuit on expedited review in
Avila v. Bondi, No. 25-3248 (8th Cir. docketed Nov. 10, 2025).
For purposes of expediting these proceedings, the Federal
Respondents assert all arguments raised by the government in
Avila, preserve those arguments for any appeal in this case, and
respectfully request that the Court deny Petitioner’s habeas
petition.
ECF No. 6 at 1. 	But Avila is inapposite. See Avila v. Bondi, No. 25-cv-3741 (JRT/SGE),
2025 WL 2976539 (D. Minn. Oct. 21, 2025). 	That case considered a petitioner’s
entitlement to a bond hearing under the legal framework of U.S.C. §§ 1225 and 1226, and
the petitioner there did not claim refugee status. See id. at *5 (stating that “[h]ere, Petitioner
has lived in the country for years without seeking any lawful immigration status, such as
naturalization, asylum, refugee designation, permanent residency, or a visa”). This is not
what Estephanny argues here.
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Respondents did not respond to Estephanny’s arguments about her refugee status,
see ECF No. 6, meaning Respondents waived any challenge to these arguments. See Doe
v. Mayorkas, No. 22-cv-752 (ECT/DTS), 2022 WL 4450272, at *2 (D. Minn. Sep. 23,
2022) (citing Espey v. Nationstar Mortg., LLC, No. 13-cv-2979 (ADM/JSM), 2014 WL
2818657, at *11 (D. Minn. June 19, 2014) (collecting cases)).
ORDER
Accordingly, based on the foregoing, and on all the files, records, and proceedings
herein, IT IS ORDERED THAT:
1. 	Petitioner Estephanny P.’s Verified Petition for Writ of Habeas Corpus [ECF
No. 1] is GRANTED.
2. 	Respondents shall release Petitioner from custody immediately, but no later
than within 48 hours of this Order’s entry.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 15, 2026, at 3:25 p.m. 	s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court
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