0:25-cv-04705•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA LOC T., Petitioner, v. PAMELA BONDI, Attorney General; KRISTI NOEM, Secretary, U.S. Department of Homeland Security; DEPARTMENT OF HOMELAND SECURITY; TODD M. LYONS, Acting Director of Immigration and Customs Enforcement; IMMIGRATION AND CUSTOMS ENFORCEMENT; DAVID EASTERWOOD, Acting Director, St. Paul Field Office, Immigration and Customs Enforcement; and RYAN SHEA, Sheriff of Freeborn County, Respondents. Case No. 25‐CV‐4705 (PJS/DTS) ORDER David L. Wilson and Gabriela Sophia Anderson, WILSON LAW GROUP, for petitioner. Justin Merak Page, UNITED STATE’S ATTORNEY’S OFFICE, for all respondents except Ryan Shea. David John Walker, FREEBORN COUNTY ATTORNEY’S OFFICE, for respondent Ryan Shea. This matter is before the Court on the federal respondents’ objection to the February 12, 2026, Report and Recommendation (“R&R”) of Magistrate Judge David T. Schultz recommending petitioner Loc T.’s petition for a writ of habeas corpus be CASE 0:25-cv-04705-PJS-DTS Doc. 13 Filed 03/03/26 Page 1 of 4
granted. 1 The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court overrules the objection and adopts the R&R. The Court agrees with Judge Schultz that United States Immigration and Customs Enforcement (“ICE”) violated its own regulations—specifically, 8 C.F.R. § 241.13(i)(2)—when it detained Loc because the government has not established changed circumstances that make Loc’s removal significantly likely to occur in the foreseeable future. 2 The government’s sole proffered “changed circumstance” is that “ICE Headquarters and Removal Operations is actively working with [the] Department of State and the Department of Homeland Security on removal logistics for [Loc].” Robinson Decl. ¶ 11, ECF No. 7; see also ECF No. 11 at 3. But such “paltry evidence of changed circumstances” cannot satisfy the government’s burden under § 241.13(i)(2). See Roble v. Bondi, 803 F. Supp. 3d 766, 773 (D. Minn. 2025). 3 1Pursuant to this District’s policy in immigration cases, the Court identifies petitioner only by his first name and last initial. 2The Court agrees with Judge Laura Provinzino that “[a]lthough [petitioner] has the ultimate burden of proving entitlement to habeas relief, the regulations at issue in this case place the burden on ICE to first establish changed circumstances that make removal significantly likely in the reasonably foreseeable future . . . .” Roble v. Bondi, 803 F. Supp. 3d 766, 772 (D. Minn. 2025) (citations omitted). 3Several judges in this District have found similar statements by the government to be insufficient to establish changed circumstances for purposes of § 241.13(i)(2). See, (continued...) -2- CASE 0:25-cv-04705-PJS-DTS Doc. 13 Filed 03/03/26 Page 2 of 4
In its objection, the government relies heavily on Zadvydas v. Davis, 533 U.S. 678 (2001). But Zadvydas is irrelevant. As Judge Myong J. Joun explained: This case is not about ICE’s authority to detain in the first place upon an issuance of a final order of removal as in Zadvydas. This case is about ICE’s authority to re‐detain [petitioner] after he was issued a final order of removal, detained, and subsequently released on an [Order of Supervision]. Nguyen v. Hyde, 788 F. Supp. 3d 144, 149 (D. Mass. 2025). Because the Court has found that ICE violated its own regulation in re‐detaining Loc, the Court need not decide whether ICE also violated the Constitution or a federal statute (as alleged in Loc’s petition). ORDER Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. Respondents’ objection [ECF No. 11] is OVERRULED. 2. The Report and Recommendation [ECF No. 10] is ADOPTED. 3(...continued) e.g., Sarail A. v. Bondi, 803 F. Supp. 3d 775, 784–85 (D. Minn. 2025); Yee S. v. Bondi, 806 F. Supp. 3d 894, 901–02 (D. Minn. 2025); Faysal N. v. Noem, No. 26‐CV‐4641 (JMB/DLM), 2026 WL 36066, at *5 (D. Minn. Jan. 6, 2026); Garrison G. v. Bondi, No. 26‐CV‐0172 (JMB/DJF), 2026 WL 157677, at *3 (D. Minn. Jan. 17, 2026); Ban S. v. Bondi, No. 25‐CV‐ 4750 (PJS/ECW), ECF No. 12 (D. Minn. Jan. 26, 2026); Claudio A.A. v. Bondi, No. 26‐CV‐ 0742 (KMM/LIB), 2026 WL 468232, at *5–6 (D. Minn. Feb. 12, 2026), report and recommendation adopted, 2026 WL 478347 (D. Minn. Feb. 18, 2026). -3- CASE 0:25-cv-04705-PJS-DTS Doc. 13 Filed 03/03/26 Page 3 of 4
3. Petitioner’s petition for habeas corpus [ECF No. 1] is GRANTED. 4. Respondents are ORDERED to release petitioner from custody within 48 hours of entry of this Order, subject to the conditions of his Order of Supervision dated October 13, 2009. If petitioner is not in Minnesota, respondents must first return petitioner to Minnesota. 5. The remainder of petitioner’s petition is DENIED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: March 3, 2026, at 8:20 am /s/ Patrick J. Schiltz Patrick J. Schiltz, Chief Judge United States District Court -4- CASE 0:25-cv-04705-PJS-DTS Doc. 13 Filed 03/03/26 Page 4 of 4
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