0:26-cv-01058•Case Name in Immigration Case - Unavailable
Texte intégral
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Argenis M., Petitioner, v. Pamela Bondi, Attorney General; Kristi Noem, Secretary, U.S. Department of Homeland Security; Todd M. Lyons, Acting Director of Immigration and Customs Enforcement; and David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Respondents. Civ. No. 26-1058 (PAM/DTS) MEMORANDUM AND ORDER This matter is before the Court on Petitioner Argenis M.’s Petition for Writ of Habeas Corpus. (“Pet.” (Docket No. 1).) For the following reasons, the Court denies the petition. BACKGROUND Petitioner is a citizen of Mexico, who claims to have lived in the United States since approximately 2021. (Id. ¶¶ 7, 12.) The record does not support that Petitioner has any legal status in the United States. On February 4, 2026, Respondents detained him, and he remains in their custody. (Id. ¶ 15.) CASE 0:26-cv-01058-PAM-DTS Doc. 8 Filed 02/19/26 Page 1 of 4
2 DISCUSSION Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, asking the Court to order his immediate release or grant him an individualized bond hearing under 8 U.S.C. § 1226(a). Respondents contend that his detention is mandatory pending removal proceedings under § 1225(b)(2). The Court must therefore decide whether § 1225(b)(2) or § 1226(a) governs Petitioner’s detention. “When interpreting a statute, [courts] begin with the statute’s plain language, giving words the meaning that proper grammar and usage would assign them. If the intent of Congress can be clearly discerned from the statute’s language, the judicial inquiry must end.” United States v. Lester, 92 F.4th 740, 742 (8th Cir. 2024) (cleaned up). Section 1225(a)(1) dictates that “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival . . .) shall be deemed for purposes of this chapter an applicant for admission.” There is no dispute that Petitioner is an alien present in the United States. And the facts do not support that he lawfully entered the United States, i.e., an immigration officer did not inspect him and authorize his entry. 8 U.S.C. § 1101(a)(13)(A) (“The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”). “Admission” means lawful entry into the United States, not merely any presence here. See id. Section 1225(b)(2)(A) instructs that “in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a CASE 0:26-cv-01058-PAM-DTS Doc. 8 Filed 02/19/26 Page 2 of 4
3 proceeding under section 1229a of this title.” The plain reading of the text is that detention is mandatory. Other courts disagree with this reading, making distinctions based on the length of an alien’s presence in the United States, an alien’s efforts to secure lawful status here, or where an alien was apprehended. Such limitations are not found in the statute. “What governs this case is the text of the statute, not what other district courts have concluded.” Mejia Olalde v. Noem, No. 1:25-CV-00168-JMD, 2025 WL 3131942, at *1 (E.D. Mo. Nov. 10, 2025). The text of § 1225(b)(2)(A) is clear that an alien who is an “applicant for admission” is necessarily “seeking admission.” Petitioner argues that because he was not apprehended at the border, he is not properly classified as “seeking admission” under § 1225(b)(2)(A). Indeed, many courts agree with Petitioner’s statutory interpretation. However, the Court determines that the growing minority of courts rejecting Petitioner’s argument are correct. See, e.g., Buenrostro-Mendez v. Bondi, --- F.4th ---, No. 25-20496, 2026 WL 323330, at *5–6 (5th Cir. Feb. 6, 2026); Chen v. Almodovar, --- F. Supp. 3d ---, No. 1:25-CV-8350-MKV, 2025 WL 3484855, *3–6 (S.D.N.Y. Dec. 4, 2025); Chavez v. Noem, 801 F. Supp. 3d 1133, 1140 (S.D. Cal. 2025); Lopez v. Ladwig, No. 6:25-CV-01884, 2026 WL 19095, at *4–6 (W.D. La. Jan. 2, 2026); Alberto Rodriguez v. Jeffreys, No. 8:25CV714, 2025 WL 3754411, at *11–14 (D. Neb. Dec. 29, 2025); Melgar v. Bondi, No. 8:25CV555, 2025 WL 3496721, *10–14 (D. Neb. Dec. 5, 2025); Mejia Olalde, 2025 WL 3131942, *3–4. Merely because an alien has “illegally remained in this country for years does not mean that he is suddenly not an ‘applicant for admission’ under § 1225(b)(2).” Vargas Lopez v. Trump, 802 F. Supp. 3d 1132, 1142 (D. Neb. Sept. 30, 2025). CASE 0:26-cv-01058-PAM-DTS Doc. 8 Filed 02/19/26 Page 3 of 4
4 The statute’s plain meaning prevails. Respondents may lawfully detain Petitioner under § 1225(b)(2), which requires detention. CONCLUSION Accordingly, IT IS HEREBY ORDERED that: 1. The Petition (Docket No. 1) is DENIED; and 2. This action is DISMISSED without prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 19, 2026 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge CASE 0:26-cv-01058-PAM-DTS Doc. 8 Filed 02/19/26 Page 4 of 4
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.