Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
DARLIN JOSUE VELOZ-GILER,
Petitioner,
vs.
TODD M. LYONS, Acting Director,
U.S. Immigration and Customs
Enforcement,
Respondents.
0:26-CV-703
MEMORANDUM AND ORDER
GRANTING PETITION FOR WRIT
OF HABEAS CORPUS
The petitioner is a noncitizen currently detained by U.S. Immigration
and Customs Enforcement (ICE), seeking a writ of habeas corpus under 28
U.S.C. § 2241. He contends his detention is unlawful because he was denied a
bond hearing pursuant to 8 C.F.R. §§ 236.1(d)(1) and 1236.1(d)(1). See filing 1.
The government responds that detention is mandatory, not discretionary, and
the petitioner is not eligible to be released. See filing 4.
The briefing demonstrates that the petitioners' application for the writ
only presents issue of law—and the government doesn't dispute this point,
despite being directed to do so, see filing 3 at 2; filing 4—so the Court declines
to hold a hearing. See § 2243. The Court will grant the petition for the reasons
thoroughly articulated by this Court in Velasco Hurtado v. Bondi, No. 0:26-CV-
546, 2026 WL 184884 (D. Minn. Jan. 24, 2026). The government shall
immediately—if necessary—return the petitioner to the state of Minnesota
and release him from custody.
IT IS ORDERED:
1. The Petition for Writ of Habeas Corpus (filing 1) is granted.
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2. The government shall, if necessary, immediately return the
petitioner to the District of Minnesota.
3. When the petitioner is in Minnesota, the government shall
immediately release him from custody.
4. No later than February 1, 2026, the government shall file
a status report certifying compliance with this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 30th day of January, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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