Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Javier G.,
Petitioner,
v.
Markwayne 	Mullin, 	Secretary,
Department of Homeland Security; Todd
Blanche, 	Attorney 	General; 	David
Venturella, Acting Director, Immigration
and 	Customs 	Enforcement; 	David
Easterwood, Field Office Director, St. Paul
Field 	Office, 	ICE; 	and 	The 	Sheriff 	of
Sherburne County, Minnesota in his/her
official capacity as the administrator of the
Sherburne County Jail,
Respondents.
Civ. No. 26-4100 (PAM/ECW)
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Javier G.’s Petition for Writ of Habeas
Corpus under 28 U.S.C. § 2241. 	(“Pet.” (Docket No. 1).) 	Petitioner challenges his
immigration detention pending removal. 	For the following reasons, the Court denies the
Petition.
BACKGROUND
Petitioner is citizen of Mexico, who entered the United States unlawfully at an
unknown date and time. 	(Pet. ¶ 10, 16; 1st Decl. of James Vandervaart (Docket No. 13)
¶ 4.) 	The Department of Homeland Security initiated removal proceedings against
Petitioner on January 28, 2026, and issued him a Notice to Appear. (1st Vandervaart Decl.
¶ 5, Ex. A.) On July 9, 2026, Petitioner was ordered removed to Mexico. (Pet. ¶ 23; 1st
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Vandervaart Decl. Ex. B.) He did not appeal, and the window to do so lapsed on August
8, 2026. (1st Vandervaart Decl. ¶ 6.) Petitioner claims that he did not know about the order
of removal, because his previous counsel did not notify him. 	(Pet. ¶¶ 22-24.) 	Petitioner
has since moved to reopen his removal proceedings in immigration court. (Id. ¶¶ 31, 34-
35.)
On September 17, 2026, Petitioner reported to an Immigration and Customs
Enforcement (“ICE”) office, as required by his bond demand. 	(2d Decl. of James
Vandervaart (Docket No. 14) ¶ 4.) At 10:40 a.m., ICE issued an I-205 Warrant of Arrest
for Petitioner and served it on him at 10:43 a.m. 	(1st Vandervaart Decl. Exs. C, D.) 	He
was then taken into ICE custody to effectuate his removal from the United States. 	(Id.
Ex. C at 2.) Petitioner remains in ICE Custody at the Sherburne County Jail in Elk River,
Minnesota. (Pet. ¶ 10.)
Petitioner filed this Petition on September 22, 2026. On September 23 and 29, 2026,
the immigration court denied Petitioner’s application for a stay of removal. 	(1st
Vandervaart Decl. Exs. E, F.)
DISCUSSION
Petitioner alleges that Respondents lacked a valid warrant to arrest him, that he is
owed additional due process and an individualized custody review, and that, alternatively,
the Court should order his immediate release. 	Respondents contend that Petitioner’s
detention is mandatory.
The law mandates detention of aliens for 90 days after a final order of removal
issues. 8 U.S.C. § 1231(a)(2) (“[W]hen an alien is ordered removed, the Attorney General
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shall remove the alien from the United States within a period of 90 days (in this section
referred to as the ‘removal period’) . . . :”). Petitioner’s removal became administratively
final on August 8, 2026. Thus, Petitioner is well within the 90-day removal period where
his detention is mandatory.1 Petitioner’s requested relief of release is squarely foreclosed
by statute.
Petitioner’s remaining arguments fail. 	His allegations regarding lack of a valid
warrant are belied by the record, which clearly demonstrates that ICE issued a warrant for
Petitioner before taking him into custody. 	Additionally, Petitioner is not entitled to
individual review of his custody and thus his due process arguments are without merit.
Because Petitioner is not entitled to habeas relief, the Court denies his Petition.
CONCLUSION
Accordingly, IT IS HEREBY ORDERED that:
1. 	The Petition (Docket No. 1) is DENIED;
2. 	Because the immigration court has denied Petitioner’s application to stay
removal, the Court’s previous Order (Docket No. 11) enjoining Petitioner’s
removal from Minnesota is VACATED; and
3. 	This action is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 13, 2026 	s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge
1 The removal period may also be extended under certain circumstances not present here.
See 8 U.S.C. § 1231(a)(1)(C), (a)(6).
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