Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Taylor Jon Volkman, TAYLOR VOLKMAN, ESQ., 3625 Thirty-Fourth Avenue
South, Minneapolis, MN 55406, for Petitioner.
Ana H. Voss and Julie T. Le, UNITED STATES ATTORNEY’S OFFICE, 300 South
Fourth Street, Suite 600, Minneapolis, MN 55415 for Respondents.
Petitioner Jhisvin A.B.V.A. was arrested and detained by United States Immigration
and Customs Enforcement (“ICE”) in Lakeville, Minnesota, in August 2025. Jhisvin A.B.V.A.
petitions for a writ of habeas corpus, arguing that he is being detained unlawfully.
Because the Court concludes that Jhisvin A.B.V.A.’s detention is unlawful, the Court will
grant his petition for habeas corpus and order that he be released from custody.
JHISVIN A.B.V.A.,
Petitioner,
v.
PAMELA BONDI, United States Attorney
General;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
TODD 	M. 	LYONS, 	Acting 	Director 	of
Immigration and Customs Enforcement;
SHERIFF JOEL BROTT, Sherburne County
Sheriff’s Office,
Respondents.
Civil No. 26-455 (JRT/EMB)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
CASE 0:26-cv-00455-JRT-EMB Doc. 8 Filed 01/24/26 Page 1 of 5

-2-
BACKGROUND
Jhisvin A.B.V.A. is a citizen of Guatemala. 	(Verified Pet. Writ of Habeas Corpus
(“Pet.”) ¶ 14, Jan. 20, 2026, Docket No. 1.) He entered the United States in 2019. (Id.)
He sought asylum and filed an I-130 petition, seeking permanent residency. 	(Id.) 	The
Petitioner’s immigration case is pending, and he is not subject to a final removal order.
(Id.) 	Petitioner is married to a United States citizen, with whom he has a five-year-old
child. 	(Id. ¶ 15.) 	He also has a valid work permit, is gainfully employed, and has no
criminal record—other than traffic violations. (Id. ¶ 16.)
On August 1, 2025, ICE apprehended Jhisvin A.B.V.A. while he was painting a house
in Lakeville, Minnesota. (Id. ¶ 17.) ICE arrested Petitioner without a warrant and refused
consider Petitioner’s work permit. 	(Id.) 	That same day, Petitioner was served with a
Notice to Appear (Form I-862), charging him as removable under § 212(a)(7)(A)(i)(I) of the
Immigration and Nationality Act, for not being in possession of a valid entry document.
(Decl. of Julie T. Le ¶ 3, Ex. A, Jan. 23, 2026, Docket No. 6.) Petitioner is being detained at
the Sherburne County Jail in Elk River, Minnesota. (Pet. ¶ 13.)
On January 20, 2026, Jhisvin A.B.V.A. filed a Verified Petition for Writ of Habeas
Corpus (Docket No. 1). He alleges that his continued detention is unlawful and requests
that the Court order his immediate release, or alternatively, a bond hearing. (Id. ¶¶ 26–
50.) 	That same day, the Court issued an order that (1) enjoined Respondents from
transferring Petitioner outside the District of Minnesota pending a ruling on Petitioner’s
CASE 0:26-cv-00455-JRT-EMB Doc. 8 Filed 01/24/26 Page 2 of 5

-3-
habeas petition, and (2) directed Respondents to file an answer by January 23, 2026.
(Docket No. 3.)
DISCUSSION
Respondents argue that Jhisvin A.B.V.A. is subject to mandatory detention under
to 8 U.S.C. § 1225(b)(2). After thorough review of the parties’ filings, the Court concludes
that the legal issues presented by Jhisvin A.B.V.A.’s habeas petition are subject to the
same analysis the Court recently employed in Herrera Avila v. Bondi, No. 25-3741, 2025
WL 2976539 (D. Minn. Oct. 21, 2025) and Romero Santuario v. Bondi, No. 25-4296, 2025
WL 3469577 (D. Minn, Dec. 2, 2025). 	The factual record before the Court shows that
Jhisvin A.B.V.A. was arrested while already in the United States. 	For the same reasons
articulated in Herrera Avila and Romero Santuario, the Court concludes that it possesses
jurisdiction over this petition, and that Jhisvin A.B.V.A.’s detention is not authorized by
§ 1225(b)(2).
The Court therefore turns to the proper remedy. In previous cases involving this
issue, the Court has concluded that a bond hearing pursuant to § 1226(a) is the
appropriate remedy. 	However, the Court is now persuaded that 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
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.
CASE 0:26-cv-00455-JRT-EMB Doc. 8 Filed 01/24/26 Page 3 of 5

-4-
674, 693 (2008) (“Habeas is at its core a remedy for unlawful executive detention. . . . The
typical remedy for such detention is, of course, release.”).
Accordingly, the Court will grant Jhisvin A.B.V.A.’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 Jhisvin A.B.V.A.’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. 	Respondents shall release Petitioner from custody as soon as practicable.
Petitioners shall be released (1) in Minnesota; (2) at a time and place
communicated to counsel in advance; (3) with all of his personal effects,
such as driver’s license, passport, immigration documents, keys, and cell
phone; and (4) without conditions such as worn GPS tracking devices,
telephonic tracking, or use of the SmartLINK app.
c. 	The 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 January 27,
2026. 	Further, the parties shall advise the Court whether any additional
CASE 0:26-cv-00455-JRT-EMB Doc. 8 Filed 01/24/26 Page 4 of 5

-5-
proceedings in this matter are required and submit any proposals for the
scope of further litigation.
DATED: January 24, 2026 	_____/s/ John R. Tunheim_____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
CASE 0:26-cv-00455-JRT-EMB Doc. 8 Filed 01/24/26 Page 5 of 5