Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CIVIL NO. 26-630(DSD/DLM)
Miguel B.,
Petitioner,
v.
Pamela Bondi, Attorney General;
Kristi Noem, 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; Joel Brott,
Sheriff of Sherburne County,
Respondents.
ORDER
This matter is before the court upon the petition for writ of
habeas 	corpus. 	Based 	on 	a 	review 	of 	the 	file, 	record, 	and
proceedings herein, the court grants the petition.
Petitioner Miguel B. is a citizen of Ecuador who has lived in
Minnesota 	since 	December 	2023. 	Pet. 	¶ 13. 	He 	was 	detained 	upon
entry into the United States and released on his own recognizances
with a notice to appear. 	Id. 	He has a pending asylum application
and his next court date is May 2026. 	Id. ¶ 14. Miguel has been in
respondents’ custody since December 3, 2026, when he was arrested
on 	the 	street 	without 	a 	warrant. 	Id. 	¶ 	15. 	He 	is 	being 	held 	at
the 	Sherburne 	County 	Jail. 	Id. 	¶ 	7. 	There 	is 	no 	indication 	in
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the record that he has been charged with any crime. 	See ECF Nos.
1, 4.
Through his petition, brought under 28 U.S.C. § 2241, Miguel
challenges 	his 	detention 	and 	requests 	immediate 	release 	or 	an
expedited bond hearing, as well as injunctive relief. 	The narrow
issue 	presented 	is 	whether 	Miguel 	is 	subject 	to 	8 	U.S.C.
§ 1225(b)(2), which mandates detention, or 8 U.S.C. § 1226, which
is discretionary with respect to detention pending a bond hearing.
Pet. 	¶¶ 	46-66. 	Miguel 	argues 	that 	respondents 	have 	erroneously
classified 	him 	as 	falling 	under 	§ 1225(b)(2), 	which 	violates 	his
Fifth 	Amendment 	right 	to 	due 	process, 	the 	Immigration 	and
Nationality 	Act, 8 	U.S.C. 	§§ 1225(b)(2) and 1226(a), 	and 	related
regulations, 	and 	the 	Administrative 	Procedures 	Act, 	5 	U.S.C.
§ 706(2)(A). 	Id. ¶¶ 35-51.
The issue presented has been ruled on by many judges in this
district 	and 	beyond. 	The 	great 	weight 	of 	authority 	persuasively
holds 	that 	Miguel 	and 	others 	in 	his 	circumstances 	have 	been
improperly 	detained 	under 	§ 	1225(b)(2) and 	should 	be 	allowed 	the
processes available under § 1226. 	See Elias C. v. Bondi, No. 26-
cv-307, 2026 WL 145962 (D. Minn. Jan. 20, 2026) (collecting cases).
Indeed, courts have overwhelmingly ruled that § 1225(b)(2) applies
to 	applicants 	“seeking 	admission,” 	and 	that 	§ 	1226 	applies 	to
“aliens 	already 	in 	the 	country.” 	See 	id. 	The 	court 	agrees 	with
such authority and will follow suit without additional discussion.
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Miguel’s 	asylum 	application 	does 	not 	yield 	a 	different 	result.
See Yessenia S.T. v. Bondi, No. 26-cv-30, 2026 WL 102407 (D. Minn.
Jan. 14, 2026).
Accordingly, IT IS HEREBY ORDERED that the petition for writ
of habeas corpus [ECF No. 1] is granted as follows:
1. 	Petitioner is not subject to mandatory detention under 8
U.S.C. § 1225(b)(2), and is instead subject 8 U.S.C. § 1226;
2. 	Petitioner 	must 	be 	immediately 	released 	from 	detention
under 8 U.S.C. § 1226(a), as he was arrested without a warrant and
is not alleged to have committed any crime;
3. 	Upon 	petitioner’s 	release, 	respondents 	shall 	return 	to
him 	any 	employment 	authorization 	documentation 	and 	any 	other
identification documentation seized on his arrest.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 	January 29, 2026 	/s David S. Doty 	__
David S. Doty, Judge
United Stated District Court
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