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0:26-cv-00495Mnd29 de jan. de 2026

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jafer A., a/k/a J.A.,
Petitioner,
v.
Pamela Bondi, in her official capacity as
Attorney General of the United States;
Kristi Noem, in her capacity as Secretary
of the United States Department of
Homeland Security; Todd M. Lyons, in
his official capacity as Acting Director of
the United States Immigration and
Customs Enforcement; David
Easterwood, in his official capacity as
Acting Director, St. Paul Field Office,
U.S. Immigration and Customs
Enforcement; Daren K. Margolin,
Director for Executive Office for
Immigration Review, Executive Office for
Immigration Review; and Department of
Homeland Security,
Respondents.
Civ. No. 26-495 (PAM/LIB)
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Jafer A.’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 Jafer A. is a citizen of Ethiopia. (Pet. ¶ 3.) He was admitted to the United
States as a refugee on December 23, 2024. (Id. ¶ 1.) The record does not support that he has
been charged with or convicted of any crime, and he has not been issued a removal order. On
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January 21, 2026, Respondents detained Petitioner, and he remains in their custody. (Id. ¶¶ 1,
6.) This petition followed.
DISCUSSION
Petitioner asserts that his arrest and detention violate the Fourth and Fifth Amendments
to the United States Constitution, the Immigration and Nationality Act, 8 U.S.C. §§ 1225,
1226, 1321, 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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