Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Claire 	Glenn, 	CLIMATE 	DEFENSE 	PROJECT, 	Post 	Office 	Box 	7040,
Minneapolis, MN 55407, for Petitioner.
Ana H. Voss, Trevor Brown, UNITED STATES ATTORNEY’S OFFICE, 300 South
Fourth Street, Suite 600, Minneapolis, MN 55415 for Respondents.
Petitioner Manuel C.Q.P. was arrested and detained by United States Immigration
and Customs Enforcement (“ICE”) on January 19, 2026. Manuel C.Q.P petitions for a writ
of habeas corpus, arguing that he is being detained unlawfully. 	Because the Court
MANUEL C.Q.P.,
Petitioner,
v.
PAMELA BONDI, United States Attorney
General;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
TODD 	M. 	LYONS, 	Acting 	Director 	of
Immigration and Customs Enforcement;
and
DAVID EASTERWOOD, Acting Director, St.
Paul 	Field 	Office, 	Immigration 	and
Customs Enforcement,
Respondents.
Civil No. 26-491 (JRT/ECW)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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concludes that Manuel C.Q.P’s detention is unlawful, the Court will grant his petition for
habeas corpus and order that he be released from custody.
BACKGROUND
Manuel C.Q.P. is a citizen of Ecuador and a resident of St. Paul, Minnesota.
(Verified Pet. Writ of Habeas Corpus (“Pet.”) ¶ 12, Jan. 21, 2026, Docket No. 1.) 	He
entered the United States in November 2022. (Id.) He has a pending U-visa application,
and he is not subject to a final removal order. (Id. ¶ 13.)
On January 19, 2026, ICE arrested Manuel C.Q.P. while he was delivering
medication to a neighbor. 	(Id. ¶ 15.) 	After the ICE officers—who were wearing plain
clothes and driving unmarked cars—pulled Manuel C.Q.P.’s vehicle over, they smashed
his car windows and dragged him out of the car and onto the ground. (Id.)
On January 21, 2026, Manuel C.Q.P. filed a Verified Petition for Writ of Habeas
Corpus (Docket No. 1). He alleges that his continued detention is unlawful and requests
that the Court order his immediate release, or alternatively, a bond hearing. (Id. ¶¶ 35–
58.) According to the Petition, Manuel C.Q.P.’s detention location is unknown. (Id. ¶ 26.)
“[A]lthough he was previously listed in the ICE detainee locator which provided his
location as ‘call ICE’ he does not show up when searched currently.” (Id.)
On January 21, 2026, Court issued an order that (1) enjoined Respondents from
transferring Manuel C.Q.P. outside the District of Minnesota pending a ruling on his
habeas petition, and (2) directed Respondents to file an answer by January 24, 2026.
(Docket No. 3.)
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DISCUSSION
Respondents argue that Manuel C.Q.P. is subject to mandatory detention under 8
U.S.C. § 1225(b)(2). After thorough review of the parties’ filings, the Court concludes that
the legal issues presented by Manuel C.Q.P.’s habeas petition are subject to the same
analysis the Court recently employed in Herrera Avila v. Bondi, No. 25-3741, 2025 WL
2976539 (D. Minn. Oct. 21, 2025) and Romero Santuario v. Bondi, No. 25-4296, 2025 WL
3469577 (D. Minn. Dec. 2, 2025). The factual record before the Court shows that Manuel
C.Q.P. was arrested while already in the United States. For the same reasons articulated
in Herrera Avila and Romero Santuario, the Court concludes that it possesses jurisdiction
over this petition, and that Manuel C.Q.P. detention is not authorized by § 1225(b)(2).
The Court therefore turns to the proper remedy. In previous cases involving this
issue, the Court has concluded that a bond hearing pursuant to § 1226(a) is the
appropriate remedy. 	However, the Court is now persuaded that where, as here,
(1) Respondents erroneously assert that a detainee is being held pursuant to § 1225(b)(2);
and (2) Respondents have not produced a warrant, as is required to effectuate an arrest
pursuant to § 1226(a), the appropriate remedy is release from custody. See, e.g., Ahmed
M. v. Bondi, No. 25-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026); Lauro M. v. Bondi,
No. 26-134, 2026 WL 115022, at *3 (D. Minn. Jan. 15, 2026); cf. Munaf v. Geren, 553 U.S.
674, 693 (2008) (“Habeas is at its core a remedy for unlawful executive detention. . . . The
typical remedy for such detention is, of course, release.”).
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Accordingly, the Court will grant Manuel C.Q.P.’s petition for writ of habeas corpus
and will order that he be released from custody.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Petitioner Manuel C.Q.P.’s Verified Petition for Writ of Habeas Corpus (Docket No.
[1]) is GRANTED, as follows:
a. 	Petitioner 	is 	not 	subject 	to 	mandatory 	detention 	under 	8 	U.S.C.
§ 1225(b)(2).
b. 	If Petitioner is being detained in Minnesota, Respondents shall RELEASE
Petitioner from custody as soon as practicable, and no later than 48 hours
from the filing of this Order.
c. 	If Petitioner has been transferred out of the District of Minnesota,
Respondents shall immediately TRANSPORT Petitioner to Minnesota and
then RELEASE Petitioner from custody.
d. 	The parties shall provide the Court with a status update concerning the
status of Petitioner’s release by no later than 5:00 p.m. on January 28,
2026. 	Further, the parties shall advise the Court whether any additional
proceedings in this matter are required and submit any proposals for the
scope of further litigation.
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DATED: January 26, 2025 	_____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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