Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brayan M.,
Petitioner,
v.
Pamela Bondi, et al.,
Respondents.
ORDER ADOPTING REPORT
AND RECOMMENDATION
WITH MODIFICATION AND
GRANTING WRIT OF
HABEAS CORPUS
Civil File No. 26-496 (MJD/DTS)
Kira Aakre Kelley, Climate Defense Project, Counsel for Petitioner.
Daniel Rosen, United States Attorney, Counsel for Federal Respondents.
The above-entitled matter comes before the Court upon the Report
and Recommendation of United States Magistrate Judge David T. Schultz
dated February 2, 2026. Petitioner filed an objection to the Report and
Recommendation. [Doc. 8.]
Pursuant to statute, the Court conducted a de novo review upon the
record. 28 U.S.C. §636(b)(1); D. Minn. LR 72.2(b). Based upon that review,
the Court adopts the Report and Recommendation of Magistrate Judge
Schultz dated February 2, 2026 with modification.
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Petitioner’s objection centers around the remedy Petitioner seeks.
Magistrate Judge Schultz recommends that a bond hearing be held within
the next seven days, and if no hearing is held, that the Petitioner is
released. [Doc. 7.] Petitioner argues that allowing the Respondents to
detain Petitioner pursuant to 28 U.S.C. 1226(a) until a hearing is held
“would first require Respondents to have provided a warrant.” [Doc. 8.]
The absence of a warrant, Petitioner argues, requires release as opposed to
a bond hearing. [Id.]
Section 1226 provides that an “[o]n a warrant issued by the Attorney
General, an alien may be arrested and detained.” 28 U.S.C. 1226(a)
(emphasis added). This Court, alongside many others in the District of
Minnesota, have recognized that such language requires Respondents to
produce a warrant to continue to detain someone according to Section
1226.
Petitioner raised the argument that Respondents presented no
warrant prior to Petitioner’s detention. [Doc. 1.] Respondents then failed to
meaningfully address this argument, even when specifically instructed to
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by this Court. [See Doc. 3 (requiring that the Respondents “establish the
lawfulness and correct duration of Petitioner’s detention” as well as
respond to “[w]hether the absence of a warrant preceding Petitioner’s
arrest necessitates Petitioner’s immediate release.”).]
Therefore, this Court agrees with Petitioner’s position that release is
the appropriate remedy for a detention that lacks a lawful predicate. The
objection is sustained. The R&R will be modified accordingly.
Accordingly, based upon the files, records, and proceedings herein,
IT IS HEREBY ORDERED:
1. 	The Court ADOPTS with modification the Report and
Recommendation of United States Magistrate Judge David T.
Schultz dated February 2, 2026 [Doc. No. 7].
2. 	Petitioner Brayan M.’s Petition for a Writ of Habeas Corpus
[Doc. No. 1] is GRANTED as follows:
A. 	Respondents must immediately release Petitioner from
detention into Minnesota;
B. 	Petitioner shall be released on his own recognizance
without any conditions upon his release; and
C. 	Respondents are required to confirm Petitioner’s release
from custody within forty-eight (48) hours from the date
of this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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Dated: February 7, 2026 	s/Michael J. Davis
Michael J. Davis
United States District Court
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