Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Isaul Geremias C.Y.,
Petitioner,
v.
Pamela Bondi, Attorney General of the United
States; Kristi Noem, Secretary of the 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.
Case No. 26-cv-971 (MJD/DJF)
REPORT AND
RECOMMENDATION
This matter is before the Court on Petitioner Isaul Geremias C.Y.’s1 Verified Petition for
Writ of Habeas Corpus (ECF No. 1) (“Petition”). Isaul is a citizen of Ecuador who entered the
United States in December 2023. (Id. at 4, 7.) Since February 2, 2026, United States Immigration
and Customs Enforcement (“ICE”) has detained him at Fort Snelling, Minnesota. 	(Id. at 3-4.)
Respondents are various federal officials responsible for enforcing the nation’s immigration laws
and who control Isaul’s detention at Fort Snelling. (Id. at 3-4.)
Isaul filed the Petition on February 2, 2026, asking the Court to issue a writ of habeas corpus
ordering Respondents to release him immediately, or in the alternative, to be afforded a bond
hearing. (Id. at 14.) He argues Respondents’ authority to detain noncitizens such as himself, who
are arrested inside U.S. borders, falls under 8 U.S.C. § 1226(a), which requires a warrant before
detention and provides detainees a bond hearing. (Id. at 11-12.) Respondents argue that detention of
1 This District has adopted a policy of using only the first name and last initial of any
nongovernmental parties in orders in immigration matters.
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individuals such as Petitioner falls under 8 U.S.C. § 1225(b)(2), which does not require a warrant
and unequivocally mandates detention. (ECF No. 5.)
This is one of numerous recent cases challenging the application of 8 U.S.C. § 1225(b)(2) to
noncitizens who have been detained after living in the United States for many months, years, and
sometimes decades. The presiding judge in this case, Judge Michael J. Davis, has previously held
that, because such individuals are not “seeking admission,” see 8 U.S.C. 1225(b)(2), that provision
does not apply to them. 	See Beltran v. Bondi, 25-cv-4604 (MJD/DTS), 2025 WL 3719856 (D.
Minn. Dec. 23, 2025). The undersigned agrees and accordingly concludes that Isaul is subject to the
detention provisions of Section 1226(a), not Section 1225(b)(2).
As noted in the Petition, “[i]ssuance of a warrant is a necessary condition” precedent for
detention under Section 1226(a). Ahmed M. v. Bondi, No. 25-cv-4711 (ECT/SGE), 2026 WL 25627,
at *3 (D. Minn. Jan. 5, 2026). 	Failure to satisfy this requirement is grounds for the immediate
release of an individual detained under Section 1226(a), see Ahmed M., 2026 WL 25627, at *3; Juan
S.R. v. Bondi, 26-cv-5 (PJS/LIB) (D. Minn. Jan. 12, 2026) (ECF No. 8); Byron V.G. v. Bondi, 26-cv-
99 (KMM/DJF) (D. Minn. Jan. 15, 2026) (ECF No. 8).
Judge Davis ordered Respondents to file an answer to Isaul’s Petition and include “[s]uch
affidavits and exhibits as are needed to establish the lawfulness … of Petitioner’s detention in light
of the issues raised in the habeas petition.” (ECF No. 3.) Respondents did not include a warrant
with their answer, nor did they even suggest such a warrant exists. In the absence of any warrant as
required by Section 1226(a), the Court recommends Respondents be ordered to release Isaul
immediately.
Given the expedited nature of these proceedings, the Court is altering the standard timelines
for Respondents to file objections to this Report and Recommendation. See L.R. 72.2(b)(1) (“A
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party may file and serve specific written objections to a magistrate judge’s proposed findings and
recommendations within 14 days after being served with a copy of the recommended disposition,
unless the court sets a different deadline.”) (emphasis added). Respondents must file any objection
to this Report and Recommendation on or before February 8, 2026. Isaul may file a response to
any objections on or before February 10, 2026.
RECOMMENDATION
Based on the foregoing, and on all the files, records, and proceedings herein, IT IS
HEREBY RECOMMENDED THAT:
1. 	Petitioner Isaul Geremias C.Y.’s Verified Petition for Writ of Habeas Corpus (ECF
No. 1) be GRANTED IN PART AND DENIED IN PART.
2. 	Respondents be ordered to release Petitioner Isaul Geremias C.Y. from custody:
A. 	As soon as practicable;
B. 	Inside the State of Minnesota;
C. 	At a safe time and place communicated in advance to counsel; and
D. 	With all of Petitioner’s personal effects in Respondents’ possession,
such as driver’s license, immigration papers, passport, cell phone, and
keys; and2
3. 	If the Petition is granted, Petitioner be directed that any motion for attorney fees and
costs pursuant to the Equal Access to Justice Act must be filed within 21 days of
entry of judgment, along with a well-reasoned memorandum of authorities
explaining why an award of fees and costs is warranted under that statute.
2 The Court is dismayed that these specific conditions even need to be ordered. 	See
Volunteers help ICE detainees find rides, phones and comfort in MN, Fox 9 KMSP (Jan. 28, 2026
8:08 AM), https://www.fox9.com/news/ice-detainees-minnesota-help (reporting Respondents’
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3. 	The remainder of Petitioner Isaul Geremias C.Y.’s Petition be DENIED WITHOUT
PREJUDICE.
Dated: February 6, 2026 	Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
NOTICE
Filing Objections: This Report and Recommendation is not an order or judgment of the
District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. For
the 	reasons 	previously 	stated, 	Respondents 	must 	file 	any 	objection 	to 	this 	Report 	and
Recommendation on or before February 8, 2026. Petitioner may file a response to any objections
on or before February 10, 2026.
failure to do what they ought to do without Court order when releasing a detainee).
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