Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Cody Blades, BLADES LAW PLLC, 323 Washington Avenue North, Suite 200,
Minneapolis, MN 55401, for Petitioner.
Ana H. Voss, Julie T. Le, UNITED STATES ATTORNEY’S OFFICE, 300 South
Fourth Street, Suite 600, Minneapolis, MN 55415 for Respondents.
Petitioner Laura E.P.G. is a citizen of Ecuador and a resident of Minnesota. She was
arrested and detained by United States Immigration and Customs Enforcement (“ICE”) on
December 20, 2025. She filed a petition for a writ of habeas corpus on January 22, 2026,
LAURA E.P.G.,
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;
DAVID EASTERWOOD, Acting Director, St.
Paul 	Field 	Office, 	Immigration 	and
Customs Enforcement; and
JOEL BROTT, Sheriff of Sherburne County,
Minnesota,
Respondents.
Civil No. 26-560 (JRT/EMB)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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alleging that she is being detained unlawfully. 	Because the Court concludes that
Petitioner’s detention is unlawful, the Court will grant the petition for habeas corpus and
order that Petitioner be released immediately. 	The Court will also order that, if
Respondents have transported Petitioner outside of Minnesota, Respondents must
return her to Minnesota prior to her release.
BACKGROUND
Petitioner is a citizen of Ecuador who has been present in the United States since
2023. 	(Verified Pet. Writ Habeas Corpus (“Pet.”) ¶ 13, Jan. 22, 2026, Docket No. 1.)
Petitioner has no criminal record. (Id. ¶ 18). She has filed an asylum application, which
is pending, and has a work permit. (Id. ¶ 13–14.) On December 20, 2025, Petitioner was
physically restrained and arrested by ICE officers who did not identify themselves and did
not provide a judicial warrant. 	(Id. ¶ 16.) 	Petitioner also alleges that these officials
entered her home without a warrant. (Id.)
On January 22, 2026, Petitioner filed a petition for a writ of habeas corpus,
arguing that her arrest and detention violate her due process rights under the Fifth
Amendment, as well as the Immigration and Nationality Act and the Administrative
Procedure Act. (Id. ¶¶ 29–52.)
DISCUSSION
Respondents argue that Petitioner is subject to mandatory detention under 8
U.S.C. § 1225(b)(2). 	However, the Court has repeatedly rejected the Government’s
asserted basis for detaining individuals similarly situated to Petitioner under § 1225. See,
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e.g., Herrera Avila v. Bondi, No. 25-3741, 2025 WL 2976539 (D. Minn. Oct. 21, 2025),
Romero Santuario v. Bondi, No. 25-4296, 2025 WL 3469577 (D. Minn, Dec. 2, 2025). The
factual record before the Court shows that Laura E.P.G. 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 Laura E.P.G.’s
detention is not authorized by § 1225(b)(2).1 Accordingly, the Court concludes that
Respondents have arrested and detained Petitioner unlawfully.
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)—indeed, Respondents have failed to produce any documentation supporting
Petitioner’s detention—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.”).
1 Moreover, while Petitioner challenges her detention on several grounds, including her
rights under the Due Process Clause of the Fifth Amendment, Respondents do not offer any
argument rebutting these claims.
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The Court will grant the petition for writ of habeas corpus. The Court will order
that Petitioner be immediately released from custody, and that if she is detained outside
of the District of Minnesota, she must first be returned to Minnesota prior to her release.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner Laura E.P.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)(2).
b. 	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.
c. 	If Petitioner has been transferred out of the District of Minnesota,
Respondents shall immediately TRANSPORT Petitioner to Minnesota, and
then RELEASE Petitioner from custody no later than 48 hours after the filing
of this Order.
d. 	Given the 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 dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
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e. 	Respondents must release Petitioner with all personal documents, such as
driver’s 	licenses, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
f. 	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 February 2,
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: January 29, 2025
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
Time: 4:25 p.m. 	United States District Judge
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