Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
MERY VIVIANA CHIMBO
VIRACUCHA,
Petitioner,
vs.
KRISTI NOEM, Secretary, U.S.
Department of Homeland Security, et
al.,
Respondents.
0:26-CV-831
MEMORANDUM AND ORDER
GRANTING PETITION FOR WRIT
OF HABEAS CORPUS
The petitioner is a noncitizen currently detained by U.S. Immigration
and Customs Enforcement (ICE), seeking a writ of habeas corpus under 28
U.S.C. § 2241. The petitioner contends their detention is unlawful due to denial
of a bond hearing pursuant to 8 C.F.R. §§ 236.1(d)(1) and 1236.1(d)(1). See
filing 1. The government responds that detention is mandatory, not
discretionary, and the petitioner is not eligible to be released. See filing 6.
The briefing demonstrates that the petitioner's application for the writ
only presents issue of law—and the government does not dispute this point,
having been directed to address it, see filing 4 at 2; filing 6—so the Court
declines to hold a hearing. See § 2243. The Court will grant the petition for the
reasons thoroughly articulated by this Court in Velasco Hurtado v. Bondi, No.
0:26-CV-546, 2026 WL 184884 (D. Minn. Jan. 24, 2026). The government shall
immediately—if necessary—return the petitioner to the state of Minnesota
and release the petitioner from custody.
IT IS ORDERED:
1. The Petition for Writ of Habeas Corpus (filing 1) is granted.
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2. The government shall, if necessary, immediately return the
petitioner to the District of Minnesota.
3. When the petitioner is in Minnesota, the government shall
immediately release the petitioner from custody.
4. No later than February 4, 2026, the government shall file
a status report certifying compliance with this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 2nd day of February, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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