Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
BENICIA B.A.M.,
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 Immigration and Customs
Enforcement; and
WARDEN, Sheriff of Camp East Montana
Detention Center, El Paso, Texas,
Respondents.
Civil No. 26-1807 (JRT/DTS)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
Patrick F. Hellier, ZIMMER LAW GROUP, 155 Wabasha Street South, Suite
100, Saint Paul, MN 55107, for Petitioner.
David W. Fuller and Jesus Cruz Rodriguez, UNITED STATES ATTORNEY’S
OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415 for
Respondents.
Petitioner 	Benicia 	B.A.M. 	was 	detained 	by 	U.S. 	Immigration 	and 	Customs
Enforcement (“ICE”) officials on February 3, 2026, in Willmar, Minnesota. (Verified Pet.
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for Writ of Habeas Corpus (“Pet.”) ¶ 17, Mar. 10, 2026, Docket No. 1.) On March 10, 2026,
Petitioner filed a petition for writ of habeas corpus, challenging the lawfulness of her
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 Benicia B.A.M. is a citizen of Honduras and a resident of Willmar,
Minnesota. (Pet. ¶ 14.) She has lived in the United States since April 2019, and she works
at a meat processing plant to support her two young sons. (Id. ¶¶ 14, 16.) On February
3, 2026, Petitioner was arrested without a warrant and detained. (Id. ¶ 5.)
Respondents rely on 8 U.S.C. § 1225(b)(2) to justify Petitioner’s detention. 	The
Court rejects that justification. To the extent Respondents rely on § 1225(b)(2), 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); and 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.
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)(2) 	and
(2) Respondents have not produced a warrant, as is required to effectuate an arrest
pursuant to § 1226(a), the appropriate remedy is release from custody. See, e.g., Ahmed
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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 Benicia B.A.M.’s petition for writ of habeas corpus and order
that she be released from custody.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that
1. 	Petitioner Benicia B.A.M.’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)(2).
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.
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.
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d. 	Given the potentially severe weather 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 inclement weather. 	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 March 16, 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: March 13, 2026
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
5:15 p.m. 	United States District Judge
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