Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JOSUE D. M. F.
Petitioner,
v.
PAMELA BONDI, United States Attorney
General; DAREN K. MARGOLIN, Executive
Office for Immigration Review; KRISTI
NOEM, Secretary, U.S. Department of
Homeland Security; UNITED STATES
DEPARTMENT OF HOMELAND SECURITY;
TODD M. LYONS, Acting Director of
Immigration and Customs Enforcement;
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT; and DAVID
EASTERWOOD, Acting Director, St. Paul
Field Office, Immigration and Customs
Enforcement,
Respondents.
Civil No. 26-648 (JRT/EMB)
ORDER
On January 26, 2026, Petitioner filed a Verified Petition for Writ of Habeas Corpus.
(Docket No. 1.) Petitioner is a citizen of El Salvador and arrived in the United States in
2006. (Petition ¶ 13.) He has held Deferred Action for Childhood Arrivals (DACA) program
status since 2015. (Id. ¶ 29.) He has no criminal history. (Id. ¶ 30.) On January 26, 2026,
Petitioner was arrested by federal officials as he was leaving his home. 	(Id. ¶ 31.)
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Petitioner alleges that he was provided with no warrant for his arrest and is now being
detained unlawfully. (Id. ¶ 32, 71–111.)
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
1. 	Respondents are ENJOINED from removing, transferring, or otherwise
facilitating the removal of Petitioner from the District of Minnesota until the
Court issues an order on the pending Petition for Writ of Habeas Corpus
(Docket No. [1]).
a. 	Respondents may request permission from the Court to move
Petitioner if unforeseen or emergency circumstances arise which
require Petitioner to be removed from the District. Any such request
must include an explanation for the request as well as a proposed
destination. 	The Court will then determine whether to grant the
request and permit transfer of Petitioner.
b. 	If 	Petitioner 	has 	already 	been 	removed 	from 	Minnesota,
Respondents are ORDERED to immediately return Petitioner to
Minnesota.
2. 	Respondents are directed to file an answer to the petition for a writ of
habeas corpus by no later than 5:00 p.m. January 28, 2026, certifying the
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true cause and proper duration of Petitioner’s confinement and showing
cause why the writ should not be granted in this case.
3. 	Respondents’ answer must include:
a. 	Such affidavits and exhibits as are needed to establish the lawfulness
and correct duration of Petitioner’s detention in light of the issues
raised in the habeas petition;
b. 	A reasoned memorandum of law and fact explaining Respondents’
legal position on Petitioner’s claims;
c. 	Respondents’ recommendation on whether an evidentiary hearing
should be conducted;
d. 	Whether the absence of a warrant preceding Petitioner’s arrest
necessitates Petitioner’s immediate release. See e.g., Ahmed M. v.
Bondi, No. 25-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026).
4. 	If Petitioner intends to file a reply to Respondents’ answer, he must do so
by no later than 5:00 p.m. on January 29, 2026. 	Thereafter, no further
submissions from either party will be permitted, except as authorized by
Court order.
5. 	Petitioner’s Motion for a Temporary Restraining Order (Docket No. [3]) is
DENIED as moot.
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Dated: January 26, 2026
at Minneapolis, Minnesota.
_____/s/ John R. Tunheim_____
JOHN R. TUNHEIM
United States District Judge
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