Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
NOEL G.G.G.,
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;
DAVID EASTERWOOD, Acting Director, St.
Paul Field Office, U.S. Immigration and
Customs Enforcement; and
RYAN SHEA, Sheriff, Freeborn County,
Respondents.
Civil No. 26-1407 (JRT/JFD)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
Jason L. Schellack, AUTISM ADVOCACY & LAW CENTER, LLC, 901 North
Third Street, Suite 120, Minneapolis, MN 55401, for Petitioner.
David W. Fuller, Trevor Brown, U.S. ATTORNEY’S OFFICE, 300 South Fourth
Street, Suite 600, Minneapolis, MN 55415, for Respondents Pamela Bondi,
Kristi Noem, Todd M. Lyons, and David Easterwood.
David John Walker, FREEBORN COUNTY ATTORNEY’S OFFICE, 411 South
Broadway Avenue, Albert Lea, MN 56007, for Respondent Ryan Shea.
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Petitioner 	Noel 	G.G.G. 	was 	detained 	by 	U.S. 	Immigration 	and 	Customs
Enforcement (“ICE”) officials on December 23, 2025. (Verified Pet. Writ of Habeas Corpus
¶ 16, Feb. 12, 2026, Docket No. 1.) On February 12, Petitioner filed a petition for writ of
habeas corpus, challenging the lawfulness of his detention. 	(Id.) 	Because the Court
concludes that Petitioner is being detained unlawfully, the Court will grant the petition
and order Petitioner’s immediate release.
DISCUSSION
Petitioner is a citizen of Honduras and resident of St. Paul. (Id. ¶ 13.) He has lived
in the United States since 2021. (Id.) Petitioner is not subject to a final order of removal.
(Id. ¶ 14.) On December 23, 2025, four ICE officials, in two unmarked vehicles, stopped
Petitioner’s car while he was on his way to the grocery store and arrested him without
producing a warrant. (Id. ¶ 16.) Petitioner is currently detained in Minnesota. (Id. ¶ 14.)
Respondents rely on 8 U.S.C. § 1225(b)(2) to justify Petitioner’s detention. 	The
Court rejects that justification. 	After thorough review of the parties’ filings, the Court
concludes that the legal issues presented by Petitioner’s habeas petition are subject to
the same analysis the Court recently employed in Herrera Avila v. Bondi, Civ. No. 25-3741,
2025 WL 2976539 (D. Minn. Oct. 21, 2025); Romero Santuario v. Bondi, Civ. 25-4296, 2025
WL 3469577 (D. Minn, Dec. 2, 2025). 	Section 1225(b)(2) does not authorize the
mandatory detention of an individual already present in the United States.
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The Court therefore turns to the proper remedy. Where, as here, (1) Respondents
erroneously assert that a detainee is being held pursuant to § 1225(b) and (2)
Respondents have not produced a valid warrant pursuant to § 1226(a), the appropriate
remedy is release from custody. 	See, e.g., Ahmed M. v. Bondi, No. 25-4711, 2026 WL
25627, at *3 (D. Minn. Jan. 5, 2026); Lauro M. v. Bondi, No. 26-134, 2026 WL 115022, at
*3 (D. Minn. Jan. 15, 2026); cf. Munaf v. Geren, 553 U.S. 674, 693 (2008) (“Habeas is at its
core a remedy for unlawful executive detention. . . . The typical remedy for such detention
is, of course, release.”).
The Court will grant Noel G.G.G.’s petition for writ of habeas corpus and will order
that he be released from custody.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner Noel G.G.G.’s Verified Petition for Writ of Habeas Corpus (Docket No.
[1]) is GRANTED, as follows:
a. 	Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b).
b. 	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.
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c. 	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.
d. 	Given the potential for severe winter conditions in Minnesota, Respondents
are ORDERED to coordinate with Petitioner’s counsel to ensure that upon
Petitioner’s release, they are not left outside in dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
e. 	Respondents must release Petitioner with all personal effects, such as
driver’s 	license, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
f. 	Respondents are ENJOINED from re-detaining Petitioner under this same
statutory theory, absent materially changed circumstances.
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.
DATED: February 18, 2026
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
Time: 3:08 pm 	United States District Judge
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