Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
DUSAN C.
Petitioner,
v.
PAMELA BONDI, United States Attorney
General; KRISTI NOEM, Secretary, U.S.
Department of Homeland Security; TODD
M. LYONS, Acting Director, Immigration
and Customs Enforcement; MARCOS
CHARLES, Acting Executive Associate
Director, Enforcement and Removal
Operations; PETER BERG, Field Office
Director, Enforcement and Removal
Operations; U.S. IMMIGRATION &
CUSTOMS ENFORCEMENT; U.S.
DEPARTMENT OF HOMELAND SECURITY;
and ERIC TOLLEFSON, Kandiyohi County
Sheriff,
Respondents.
Civil No. 26-CV-620 (JRT/ECW)
ORDER ADOPTING REPORT AND
RECOMMENDATION AND GRANTING
PETITION FOR WRIT OF HABEAS CORPUS
Petitioner Dusan C. was arrested by U.S. Immigration and Customs Enforcement
(ICE) officials on January 23, 2026. The next day, on January 24, 2026, Petitioner filed a
Verified Petition for Writ of Habeas Corpus, alleging that his detention is unlawful.
(Docket No. 1.) Respondents filed an answer on February 11, 2026. (Docket No. 9.)
The matter was referred to United States Magistrate Judge Elizabeth Cowan
Wright. 	On 	February 	13, 	2026, 	the 	Magistrate 	Judge 	issued 	a 	Report 	and
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Recommendation (R&R) recommending that Dusan C.’s petition be granted. (R&R, Feb.
13, 2026, Docket No. 11.) 	The R&R set February 15, 2026, as the deadline to file any
objections. No timely objections were filed.
Accordingly, the Court will adopt the R&R in full, and order Petitioner’s immediate
release.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	The Report and Recommendation (Docket No. [11]) is ADOPTED, and the Verified
Petition for Writ of Habeas Corpus of Petitioner Dusan C. (Docket No. [1]) is
GRANTED as follows:
a. 	If Petitioner is being detained outside of Minnesota, Respondents shall
TRANSPORT Petitioner to Minnesota and RELEASE Petitioner from custody
immediately. Petitioner’s release in Minnesota must occur no later than 48
hours after the filing of this Order.
b. 	If Petitioner is being detained in Minnesota, Respondents shall RELEASE
Petitioner from custody as soon as practicable, and no later than 48 hours
from the filing of this Order.
c. 	Given the severe weather conditions in Minnesota, Respondents are
ORDERED to coordinate with Petitioner’s counsel to ensure that upon
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Petitioner’s release, they are not left outside in dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
d. 	Respondents must release Petitioner with all personal effects, such as
driver’s license, passports, or immigration documents.
e. 	Respondents are ENJOINED from imposing any conditions on Petitioner’s
release other than the conditions in his preexisting Order of Supervision
dated January 19, 2000.
f. 	Respondents are ENJOINED from re-detaining Petitioner under 8 C.F.R.
§ 241.13 unless Poland issues a travel document for Petitioner, or Petitioner
violates a condition of his Order of Supervision, or another lawful basis for
his detention arises.
g. 	Both parties shall provide the Court with a status update concerning the
status of Petitioner’s release by no later than 5:00 p.m. on February 21,
2026. 	Further, the parties shall advise the Court whether any additional
proceedings in this matter are required and submit any proposals for the
scope of further litigation.
2. 	Petitioner Dusan C. 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).
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DATED: February 18, 2026 	_____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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