0:26-cv-00833•Case Name in Immigration Case - Unavailable
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Francisco R.C., Petitioner, v. Pamela Bondi, Attorney General; Kristi Noem, Secretary, U.S. Department of Homeland Security; Department of Homeland Security; Todd M. Lyons, Acting Director of Immigration and Customs Enforcement; Immigration and Customs Enforcement; Daren K. Margolin, Director for Executive Office for Immigration Review; Executive Office for Immigration Review; and David Easterwood, Director, Fort Snelling Field Office Immigration and Customs Enforcement, Respondents. Civil No. 26-833 (DWF/JFD) MEMORANDUM OPINION AND ORDER INTRODUCTION This matter is before the Court on Petitioner Francisco R.C.’s petition for a writ of habeas corpus (the “Petition”). (Doc. No. 1.) Respondents filed a response asserting authority to detain Petitioner under 8 U.S.C. § 1225(b)(2)(A). (Doc. No. 5.) For the reasons set forth below, the Court grants the Petition and orders Respondents to release Petitioner immediately. CASE 0:26-cv-00833-DWF-JFD Doc. 6 Filed 02/02/26 Page 1 of 5
2 BACKGROUND Petitioner is a citizen of Ecuador and a resident of Minneapolis, Minnesota. (Doc. No. 1 ¶ 14.) He entered the United States without inspection at least nine years ago. (Id. ¶ 32.) Petitioner was placed in removal proceedings in 2020, which were administratively closed in April 2024. (Id. ¶ 33.) On January 29, 2026, Petitioner was arrested by U.S. Immigration and Customs Enforcement (“ICE”). (Id. ¶ 34.) He is currently being detained at the Whipple Federal Building in Minnesota. (Id. ¶ 14.) Petitioner filed the Petition on January 29, 2026. (Id. at 31.) Petitioner asserts that his detention under 8 U.S.C. § 1225(b)(2) is unlawful because it violates the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and the Administrative Procedure Act. (See id. ¶¶ 73-96.) Petitioner requests, among other things, release from detention or an order requiring Respondents to provide him with a bond hearing under 8 U.S.C. § 1226. (Id. at ¶¶ 66-72.) On January 29, 2026, the Court ordered Respondents to answer the Petition on or before February 1, 2026, at 12:00 p.m. CT, and enjoined Respondents from moving Petitioner from this District pending further order. (Doc. No. 3.) Respondents timely filed a response. (Doc. No. 5.) DISCUSSION A district court may provide habeas relief to a person who is being detained in violation of the Constitution or laws of the United States. 28 U.S.C. § 2241(c)(3). That authority includes jurisdiction to hear habeas challenges to immigration-related detention. Zadvydas v. Davis, 533 U.S. 678, 687 (2001); Deng Chol A. v. Barr, 455 F. Supp. 3d 896, 900-01 (D. Minn. 2020). The burden is on the petitioner to prove illegal detention by a CASE 0:26-cv-00833-DWF-JFD Doc. 6 Filed 02/02/26 Page 2 of 5
3 preponderance of the evidence. See Mohammed H. v. Trump, 786 F. Supp. 3d 1149, 1154 (D. Minn. 2025). Respondents submitted a response, arguing that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). (Doc. No. 5.) Respondents summarize the legal basis for their interpretation of the mandatory detention provision under § 1225 but, in doing so, do not raise any arguments not already rejected by the Court. As this Court has explained on multiple occasions, Respondents’ interpretation of § 1225 contradicts the plain language of the statute. See Jose L.M.S. v. Bondi, No. 26-cv-474, 2026 WL 185066, at *2 (D. Minn. Jan. 25, 2026); Omar E.F.G. v. Bondi, No. 26-cv-451, 2026 WL 184571, at *2 (D. Minn. Jan. 23, 2026); Victor S.M. v. Noem, No. 26-cv-400, 2026 WL 161445, at *2 (D. Minn. Jan. 21, 2026). Section 1225 applies to “applicants for admission”—noncitizens who are either “present in the United States who ha[ve] not been admitted or who arrive[] in the United States.” 8 U.S.C. § 1225(a)(1). Section 1226 applies where § 1225 is inapplicable and provides immigration judges with the discretion to grant release on bond to noncitizens subject to removal proceedings. See id. § 1226(a). Here, Petitioner is not an arriving noncitizen because he has been in the United States for at least nine years. See Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (noting that § 1226(a) applies to “certain aliens already in the country”). Petitioner is therefore subject to the discretionary bond provisions of § 1226(a), not the mandatory bond provisions of § 1225(b)(2). Having found that Petitioner is being detained unlawfully, the question becomes the correct remedy. A detainee being held pursuant to § 1226(a) must have been served CASE 0:26-cv-00833-DWF-JFD Doc. 6 Filed 02/02/26 Page 3 of 5
4 an arrest warrant prior to detainment. 8 U.S.C. § 1226(a); see also Ahmed M. v. Bondi, No. 25-cv-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026) (collecting cases). There is no evidence that Respondents had a warrant to arrest Petitioner. And after being given the opportunity to explain the true cause of Petitioner’s detainment and provide documents of such (see Doc. No. 3), Respondents did not do so, (see Doc. No. 5). The Court therefore concludes that Petitioner was arrested without a warrant. The remedy for a warrantless arrest is immediate release. 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.” (citation omitted)). ORDER Based on the foregoing and the record in this case, IT IS HEREBY ORDERED that: 1. Petitioner’s petition for writ of habeas corpus (Doc. No. [1]) is GRANTED. 2. The Court DECLARES that Petitioner’s current detention is unlawful under the Constitution and laws of the United States. 3. Respondents are ORDERED to release Petitioner from custody immediately. 4. Within three (3) days of the date of this Order, the Government shall provide the Court with a status update confirming Petitioner’s release. 5. Respondents are directed to release Petitioner: (1) in Minnesota; (2) with all personal documents and belongings, such as his driver’s license, passport, other CASE 0:26-cv-00833-DWF-JFD Doc. 6 Filed 02/02/26 Page 4 of 5
5 immigration documents, and cell phone; (3) without conditions such as ankle monitors or tracking devices; and (4) with all clothing and outerwear he was wearing at the time of detention, or other proper winter attire. In addition, Respondents shall provide reasonable advance notice to counsel to arrange for a safe release of Petitioner. 6. Respondents are ENJOINED from re-detaining Petitioner under this same statutory theory, absent materially changed circumstances. 7. Within thirty (30) days of final judgment in this action, Petitioner may move to recover attorneys’ fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 2, 2026 s/Donovan W. Frank DONOVAN W. FRANK United States District Judge CASE 0:26-cv-00833-DWF-JFD Doc. 6 Filed 02/02/26 Page 5 of 5
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