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0:26-cv-00275Mnd29 de jan. de 2026

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Abdirahman H.,
Petitioner,
v.
Todd M. Lyons, in his official capacity as
Acting Director of the United States
Immigration and Customs Enforcement;
Donald J. Trump, in his official capacity
as President of the United States; Kristi
Noem, in her capacity as Secretary of the
United States Department of Homeland
Security; Pamela Bondi, in their official
capacity as Attorney General of the
United States; and David Easterwood, in
his official capacity as Acting Director,
St. Paul Field Office, U.S. Immigration
and Customs Enforcement,
Respondents.
Civ. No. 26-275 (PAM/DLM)
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Abdirahman H.’s Petition for Writ of
Habeas Corpus under 28 U.S.C. § 2241. (“Pet.” (Docket No. 1).) For the following reasons,
the Court grants the Petition in part.
BACKGROUND
Petitioner Abdirahman H. is a citizen of Somalia. (Pet. ¶ 49.) He was admitted to the
United States as a refugee on July 15, 2024, and entered as a refugee on September 11, 2024.
(Id.) He recently filed an application to adjust his status to that of a lawful permanent resident
under the Immigration and Nationality Act, 8 U.S.C. § 1159(b). 	(Id.) 	The record does not
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support that he has been charged with or convicted of any crime, and he has not been issued
a removal order. 	On January 14, 2026, Respondents arrested Petitioner, and he remains in
their custody. (Id. ¶¶ 6, 49.) This petition followed.
DISCUSSION
Petitioner asserts that his arrest and detention violate the Fifth Amendment to the
United 	States 	Constitution, 	the 	Immigration 	and 	Nationality 	Act, 	the 	Administrative
Procedure Act, 5 U.S.C. § 706(2)(A), (B), (D), and other laws, and he asks the Court to order
his immediate release from Respondents’ custody. 	Respondents contend that Petitioner is
subject to mandatory detention under 8 U.S.C. § 1159(a) because he did not obtain lawful
permanent resident status within one year of living in the United States.
Section 1159(a) requires that:
Any alien who has been admitted to the United States under [8 U.S.C.] § 1157
. . . who has been physically present in the United States for at least one year,
and . . . who has not acquired permanent resident status, shall, at the end of
such year period, return or be returned to the custody of the Department of
Homeland Security for inspection and examination for admission to the United
States as an immigrant in accordance with the provisions of sections 1225,
1229a, and 1231 of this title.
The Court finds that Respondents have not demonstrated that Petitioner’s failure to adjust his
status to lawful permanent resident within one year of living in the United States requires that
Respondents detain him for an extended and unspecified amount of time. “Section 1159(a)
does not allow for indefinite detention, but rather a brief detention for purposes of ‘inspection
and examination.’” Aliaksander V. v. Bondi, Civ. No. 26-513, Docket No. 7 at 2 (D. Minn.
Jan. 27, 2026) (Doty, J.) (quoting Amin A. v. Trump, Civ. No. 26-251, Docket No. 10 at 4
(D. Minn. Jan. 26, 2026) (Schiltz, C.J.)). Thus, the Court grants the petition in part.
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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that:
1. 	The Petition (Docket No. 1) is GRANTED in part; and
2. 	Respondents shall:
a. 	Within 7 days of the date of this Order, complete inspection and
examination of Petitioner as required by 8 U.S.C. § 1159(a) and file a
notice confirming that such inspection has been completed, stating the
outcome and whether Respondents contend that continued detention is
authorized on a specified lawful basis; or
b. 	Immediately release Petitioner and file a notice confirming the date,
time, and location of release.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 29, 2026 	s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge
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