Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Robinson G. P. A.,
Petitioner,
v.
Pamela Bondi, et al.,
Respondents.
No. 26-cv-1190 (KMM/DLM)
ORDER
Petitioner Robinson G. P. A. (“Robinson” or “Petitioner”) seeks a writ of habeas
corpus under 28 U.S.C. § 2241. (Dkt. 1.) For the reasons that follow, the petition is granted.
Background1
Robinson is a citizen of Ecuador who has lived in the United States since December
of 2022. (Dkt. 1 ¶ 12.) There is no evidence that he has any significant criminal history. On
February 6, 2026, Petitioner was arrested by agents of the U.S. Immigration and Customs
Enforcement (“ICE”). (Id. ¶ 15.) The ICE agents did not provide a warrant at the time of
his arrest. (Id.) At the time he filed his petition on February 6, 2026, Robinson was detained
at the Bishop Henry Whipple Federal Building in Fort Snelling, Minnesota. (Id. ¶ 7.)
Analysis
This case is one of many filed in recent months in this district challenging the
application of § 1225(b)(2) to aliens who are already in the United States, either having
entered without inspection or having been previously released pursuant to 8 U.S.C. § 1226
1 Respondents do not dispute the facts asserted in the petition. (Dkt. 6.)
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or another statute. This Court has previously held that, because such people are not
“seeking admission,” as set forth in § 1225(b)(2), that provision—which mandates
detention—does not apply to them. See, e.g., Belsai D.S. v. Bondi, No. 25-cv-03682
(KMM/EMB), 2025 WL 2802947 (D. Minn. Oct. 1, 2025). The majority of courts to have
considered these issues have reached the same conclusion. Additionally, although the Fifth
Circuit just agreed with Respondents’ reading of § 1225(b)(2), the Seventh Circuit has
reached a different conclusion. Compare Buenrostro-Mendez v. Bondi, No. 25-20496, 2026
WL 323330, at *4-10 (5th Cir. Feb. 6, 2026), with Castanon-Nava v. DHS, 161 F.4th 1048,
1061 (7th Cir. 2025). The Respondents’ position is that the cases representing the majority
view were wrongly decided and that the issue is currently pending before the Eighth Circuit
in Avila v. Bondi, No. 25-3248 (8th Cir. docketed Nov. 10, 2025). However, Respondents
acknowledge that this Court has rejected their position in prior cases, and they wish to
preserve their arguments for any appeal. (Dkt. 6.)
Although the Court has considered the arguments raised by the government, and
reviewed the authority cited, the Court declines to repudiate its analysis from Belsai D.S.
and instead continues to follow the analysis of the majority of courts to have considered
the matter. Of course, these issues are complex, and the government’s arguments are not
frivolous. But the Court continues to believe that the better reading of the relevant statutory
scheme is that § 1225(b)(2) does not apply to Robinson or others who are similarly situated,
and his mandatory detention under that provision is not supported by the law.
Petitioner alleges that he should be immediately released. The Court agrees.
“Section 1226 provides that ‘[o]n a warrant issued by the Attorney General, an alien may
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be arrested and detained.’” Ahmed M. v. Bondi et. Al, No. 25-cv-4711 (ECT/SGE), 2026
WL 25627, at *2 (D. Minn. Jan. 5, 2026). Respondents have not claimed to have a “warrant
issued by the Attorney General” supporting Robinson’s recent arrest, nor have Respondents
produced one to the Court. As explained in Ahmed M., the issuance of a warrant is a
prerequisite to even discretionary detention under § 1226(a). Id. (citing cases). Because
Respondents have not produced any warrant, the Court finds the appropriate remedy is
immediate release. See id., 2026 WL 25627, at *3; see also Juan S.R. v. Bondi, 26-cv-05
(PJS/LIB) (Order, Dkt. 8, Jan. 12, 2026) (same).
ORDER
Based on the above, and on the full record before the Court, IT IS HEREBY
ORDERED THAT:
1. Petitioner Robinson G. P. A.’s Petition for a Writ of Habeas Corpus (Dkt. 1) is
GRANTED.
2. The Court DECLARES that Robinson G. P. A. is not subject to mandatory detention
under 8 U.S.C. § 1225(b)(2) and ENJOINS Respondents from denying release or
other relief on the basis that he is subject to such mandatory detention.
3. The Court ORDERS Respondents to immediately release Robinson G. P. A. in
Minnesota, with all of his personal effects seized during his arrest, including but
not limited to immigration paperwork, and without new conditions. He must
be released by 9:00 PM on February 10, 2026.
4. Further, the Court ORDERS Respondents file a notice on ECF by no later than
12:00 PM on February 11, 2026 certifying Petitioner’s release. The notice shall
specify the date, time, and location of his release. If Robinson G. P. A. has not been
released by that time, then Respondents shall advise the Court about the reasons his
release has not occurred, and the specific steps Respondents are undertaking to
ensure his immediate release in Minnesota.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: February 9, 2026
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s/Katherine Menendez
Katherine Menendez
United States District Judge
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