Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Myron W. Orfield, Jr., MYRON ORFIELD, ATTORNEY, 2900 Thomas Avenue
South, Suite 2429, Minneapolis, MN 55426, for Petitioner.
Ana H. Voss, Jesus Cruz Rodriguez, UNITED STATES ATTORNEY’S OFFICE,
300 	South 	Fourth 	Street, 	Suite 	600, 	Minneapolis, 	MN 	55415 	for
Respondents.
Petitioner Rafael A.P.A. was arrested and detained by United States Immigration
and Customs Enforcement (“ICE”) on December 23, 2025. 	Rafael A.P.A. petitions for a
RAFAEL A.P.A.,
Petitioner,
v.
PAMELA BONDI, Attorney General of the
United States;
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security;
TODD M. LYONS, Acting Director,
Immigration and Customs Enforcement;
JOEL BROTT, Sheriff of Sherburne County,
Minnesota; and
DAVID EASTERWOOD, Acting Director, St.
Paul Field Office, U.S. Immigration and
Customs Enforcement;
Respondents.
Civil No. 26-906 (JRT/ECW)
MEMORANDUM OPINION AND ORDER
GRANTING PETITION FOR WRIT OF
HABEAS CORPUS
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writ of habeas corpus, arguing that he is being detained unlawfully. Because the Court
concludes that Rafael A.P.A.’s detention is unlawful, the Court will grant his petition for
writ of habeas corpus and order that he be released from custody.
BACKGROUND
Rafael A.P.A. is a citizen of Guatemala and a resident of Cottage Grove, Minnesota.
(Verified Pet. Writ of Habeas Corpus (“Pet.”) ¶ 13, Jan. 31, 2026, Docket No. 1.) 	He
entered the United States in November 2015. (Id.) He has not filed an asylum application,
and he is not subject to a final order for removal. (Id.)
On December 23, 2025, ICE arrested Rafael A.P.A. without a warrant after masked
ICE officers boxed in his vehicle while he was driving. (Id. ¶ 16.) He was taken into custody
and detained at Sherburne County jail in Elk River, Minnesota. (Id. ¶ 12.) On January 31,
2026, Rafael A.P.A. filed a Verified Petition for Writ of Habeas Corpus, alleging that his
continued detention is unlawful and requesting that the Court order his immediate
release, or alternatively, a bond hearing. (Id. ¶¶ 31–54.)
That same day, the Court issued an order (1) enjoining Respondents from
transferring Rafael A.P.A. outside the District of Minnesota pending a ruling on his habeas
petition, and (2) directing Respondents to file an answer by February 3, 2026. (Docket
No. 3.) The Respondents answered the Petition (Docket No. 4), and Rafael A.P.A. replied
(Docket No. 5).
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DISCUSSION
Respondents argue that Rafael A.P.A. 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 Rafael A.P.A.’s habeas petition are subject to the same
analysis the Court recently employed in Herrera Avila v. Bondi, Civ. No. 25-3741, 2025 WL
2976539 (D. Minn. Oct. 21, 2025) and Romero Santuario v. Bondi, Civ. No. 25-4296, 2025
WL 3469577 (D. Minn, Dec. 2, 2025). 	The factual record before the Court shows that
Rafael A.P.A. 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 Rafael A.P.A.’s 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, Civ. No. 25-4711, 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026); Lauro M. v.
Bondi, Civ. 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 Rafael A.P.A.’s petition for writ of habeas corpus
and 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 Rafael A.P.A.’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 outside of Minnesota, Respondents shall
TRANSPORT Petitioner to Minnesota and RELEASE Petitioner from custody
immediately. Petitioner’s release in Minnesota must occur no later than 48
hours after the filing of this Order.
c. 	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.
d. 	Given the severe weather conditions in Minnesota, Respondents are
ORDERED to coordinate with Petitioner’s counsel to ensure that upon
Petitioner’s release, they are not left outside in dangerous cold. 	It is
preferable to release Petitioner to counsel to ensure humane treatment.
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e. 	Respondents must release Petitioner with all personal effects, such as
driver’s 	licenses, 	passports, 	or 	immigration 	documents, 	and 	without
conditions such as location tracking devices.
f. 	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 February 9,
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.
DATED: February 6, 2026
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
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