0:26-cv-01134•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Luis I., Petitioner, v. Pamela Bondi, Attorney General; Kristi Noem, Secretary, U.S. Department of Homeland Security; Department of Homeland Security; Todd M. Lyons, Acting Director of Immigration and Customs Enforcement; Immigration and Customs Enforcement; Sirce Owen, Acting Director for Executive Office for Immigration Review; Executive Office for Immigration Review; and Samuel Olson, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Respondents. File No. 26-cv-1134 (ECT/DLM) OPINION AND ORDER Iris Ramos Nieves, The Law Office of Iris Ramos LLC, Minneapolis, MN, for Petitioner Luis I. Anthony Barrows and David W. Fuller, United States Attorney’s Office, Minneapolis, MN, for Respondents Pamela Bondi, Kristi Noem, Department of Homeland Security, Todd M. Lyons, Immigration and Customs Enforcement, Sirce Owen, Executive Office for Immigration Review, and Samuel Olson. Petitioner Luis I. is an Ecuadorian citizen who “entered the United States without inspection on or around 2009.” Pet. [ECF No. 1] ¶¶ 33–34. Luis “did not have contact with immigration authorities upon entering the United States.” Id. ¶ 35. “Respondents took [Luis] into custody on or around February 5, 2026,” and as of the Petition’s filing, he CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 1 of 6
2 was “in custody at the Immigration and Customs Enforcement (‘ICE’) detention facility inside of the Bishop Henry Whipple Federal Building in Fort Snelling, Minnesota.” Id. ¶¶ 16, 36. The Petition alleges, “[u]pon information and belief,” that Luis “does not have a criminal record.” Id. ¶ 36. Respondents do not dispute the Petition’s facts. See ECF No. 5. Luis challenges his detention under 28 U.S.C. § 2241. Pet. ¶ 8. He claims he has been wrongly classified as a § 1225(b)(2) detainee (whose detention is mandatory) rather than a § 1226(a) detainee (whose detention is discretionary and who is entitled to a bond hearing). Pet. ¶¶ 38–64; see Jose J.O.E. v. Bondi, 797 F. Supp. 3d 957, 961–62 (D. Minn. 2025) (explaining legal framework). According to Luis, that misclassification and denial of a bond hearing violate his right to due process under the Fifth Amendment, the Immigration and Nationality Act and its implementing regulations, and the Administrative Procedure Act. See Pet. ¶¶ 76–95. Luis seeks his “immediate release to the extent that Respondents justify his detention [under] 8 U.S.C. § 1225(b)(2)”; a declaration that he is not subject to detention under 8 U.S.C. § 1225(b)(2), but rather detained pursuant to 8 U.S.C. § 1226(a)(1) and thus eligible to seek a bond redetermination hearing; a declaration that his detention absent a bond hearing violates the Due Process Clause of the Fifth Amendment; issuance of an order directing Respondents to provide a bond redetermination hearing consistent with 8 U.S.C. § 1226; issuance of an order directing the Fort Snelling immigration court “grant individuals who entered without inspection a bond redetermination hearing consistent with 8 U.S.C. § 1226”; issuance of an order finding Respondents’ administrative decision is arbitrary and capricious violation of the Administrative Procedure Act; issuance of an order enjoining Respondents from moving CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 2 of 6
3 Luis from Minnesota during the pendency of his Petition; attorneys’ fees and costs; and “all further relief this Court deems just and proper.” Pet. ¶¶ 67, 72–75 & at 26–27. Recognizing that “this case presents legal and factual issues similar to those in prior habeas petitions this Court has decided,” Respondents argue that Luis’s Petition fails on the merits for the same reasons set forth in the appeal of Avila v. Bondi, No. 25-cv-3741 (JRT/SGE), 2025 WL 2976539 (D. Minn. Oct. 21, 2025), appeal docketed, No. 25-3248 (8th Cir. Nov. 10, 2025). See ECF No. 5. This raises an issue of statutory interpretation1 that courts in this District have repeatedly considered and rejected, and it will be rejected here as well. Luis has shown he has been misclassified under § 1225(b)(2) rather than § 1226(a). As courts have explained, the former statute applies to applicants “seeking admission,” and the latter to “aliens already in the country.” 8 U.S.C. § 1225(b)(2)(A); Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (construing 8 U.S.C. § 1226(a) and (c)); see Francisco T. v. Bondi, 797 F. Supp. 3d 970, 974–76 (D. Minn. 2025); Belsai D.S. v. Bondi, --- F. Supp. 3d ---, No. 25-cv-3682 (KMM/EMB), 2025 WL 2802947, at *6–7 (D. Minn. Oct. 1, 2025); Eliseo A.A. v. Olson, --- F. Supp. 3d ---, No. 25-cv-3381 (JWB/DJF), 2025 WL 2886729, at *2–4 (D. Minn. Oct. 8, 2025); Avila v. Bondi, No. 25-cv-3741 (JRT/SGE), 2025 WL 2976539, at *5–7 (D. Minn. Oct. 21, 2025), appeal filed, No. 25-3248 (8th Cir. 1 To the extent Respondents challenge this Court’s subject-matter jurisdiction to consider Luis’s Petition, consistent with previous rulings on this issue, I find that the jurisdiction-stripping provisions of § 1252(a)(5), (b)(9), and (g) do not apply to “the narrow question whether a noncitizen is subject to discretionary detention under 8 U.S.C. § 1226 or mandatory detention under § 1225(b)(2).” Fernando F.P.D. v. Brott, No. 25-cv-4455 (ECT/ECW), 2025 WL 3675151, at *2 (D. Minn. Dec. 17, 2025) (citing cases). CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 3 of 6
4 Nov. 10, 2025); Andres R.E. v. Bondi, No. 25-cv-3946 (NEB/DLM), 2025 WL 3146312, at *2–3 (D. Minn. Nov. 4, 2025); E.M. v. Noem, 25-cv-3975 (SRN/DTS), 2025 WL 3157839, at *4–8 (D. Minn. Nov. 12, 2025); Santos M.C. v. Olson, No. 25-cv-4264 (PJS/DJF), 2025 WL 3281787, at *2–3 (D. Minn. Nov. 25, 2025). As of this writing, two federal courts of appeals have ruled on the question, one reaching and one rejecting this conclusion. See Castañon-Nava v. U.S. Dep’t of Homeland Sec., 161 F.4th 1048, 1062 (7th Cir. 2025) (concluding that respondent was not likely to prevail on the merits that petitioner was subject to mandatory detention under § 1225(b)(2)); Buenrostro-Mendez v. Bondi, --- F.4th ---, Nos. 25-20496, 25-40701, 2026 WL 323330, at *1 (5th Cir. Feb. 6, 2026) (finding petitioner was subject to mandatory detention under § 1225(b)(2)). Luis has lived in the United States for approximately sixteen years, Pet. ¶ 34, and I find his detention falls under § 1226(a) and not § 1225(b)(2).2 The final issue is the appropriate remedy. Section 1226 provides that “[o]n a warrant issued by the Attorney General, an alien may be arrested and detained.” 8 U.S.C. § 1226(a) (emphasis added). “Issuance of a warrant is a necessary condition to justify discretionary detention under section 1226(a).” Chogllo Chafla v. Scott, --- F. Supp. 3d ---, No. 2:25-cv-00437, 2025 WL 2688541, at *11 (D. Me. Sep. 21, 2025), appeal filed (Nov. 7, 2025). “[I]t follows that absent a warrant a noncitizen may not be arrested and detained under section 1226(a).” Id. (emphasis in original); accord 2 Respondents do not argue that Luis is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c), or that any other statutory scheme other than that raised in the Petition would apply to Luis’s detention. See ECF No. 5. CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 4 of 6
5 Chiliquinga Yumbillo v. Stamper, No. 2:25-cv-00479, 2025 WL 2783642, at *5 (D. Me. Sep. 30, 2025); J.A.C.P. v. Wofford, No. 1:25-cv-01354, 2025 WL 3013328, at *8 (E.D. Cal. Oct. 27, 2025); see also Florida v. United States, 660 F. Supp. 3d 1239, 1276 (N.D. Fla. 2023) (stating § 1226 “is not even triggered unless an arrest warrant is issued” and that “[i]f [an] alien has not been arrested on a warrant, then the subsequent provisions giving the Attorney General discretion to detain or release ‘the arrested alien’ are likewise not triggered”), appeal dismissed, 2023 WL 5212561 (11th Cir. July 11, 2023). Respondents were ordered to include in their answer “[w]hether the absence of a warrant preceding [Luis’s] arrest necessitates [Luis’s] immediate release.” ECF No. 3 at 2. Respondents have not produced any warrant, nor have they advanced any specific argument that Luis’s release is an unwarranted remedy. See ECF No. 5. “[R]elease is an available and appropriate remedy” for “detention that lacks a lawful predicate.” Order on Petition for Writ of Habeas Corpus at 6, Vedat C. v. Bondi, No. 25-cv-4642 (JWB/DTS) (D. Minn. Dec. 19, 2025), ECF No. 9 (citing Munaf v. Geren, 553 U.S. 674, 693 (2008)). “Where the record shows Respondents have not identified a valid statutory basis for detention in the first place, the remedy is not to supply one through further proceedings.” Id.; see Chogllo Chafla, --- F. Supp. 3d ---, 2025 WL 2688541, at *11 (“Since the Government did not comply with the plain language of section 1226(a), [petitioners’] immediate release is justified.”); J.A.C.P., 2025 WL 3013328, at *8 (same); Chiliquinga Yumbillo, 2025 WL 2783642, at *5 (reaching same conclusion); see also CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 5 of 6
6 Munaf, 553 U.S. at 693 (“Habeas is at its core a remedy for unlawful executive detention. The typical remedy for such detention is, of course, release.” (citation modified)).3 ORDER Therefore, based on the foregoing, and on all the files, records, and proceedings herein, IT IS ORDERED THAT Petitioner Luis I.’s Verified Petition for Writ of Habeas Corpus [ECF No. 1] is GRANTED as follows: 1. The Court DECLARES Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and is instead subject to detention, if at all, pursuant to the discretionary provisions of 8 U.S.C. § 1226. 2. Respondents shall release Petitioner from custody as follows: a. If Petitioner remains detained in Minnesota, Respondents shall release Petitioner from custody as soon as practicable, but not later than 48 hours after entry of this Order. b. If Petitioner has been moved outside of Minnesota, as soon as practicable, but not later than 72 hours after entry of this Order, Respondents shall return Petitioner to Minnesota and then release Petitioner from custody. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 11, 2026, at 12:10 p.m. s/ Eric C. Tostrud Eric C. Tostrud United States District Court 3 The resolution of this statutory-interpretation question in Luis’s favor makes it unnecessary to address the Petition’s remaining grounds. CASE 0:26-cv-01134-ECT-DLM Doc. 7 Filed 02/11/26 Page 6 of 6
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