Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
DANIEL ALEJANDRO TORREALBA
MENDEZ,
Petitioner,
vs.
PAMELA BONDI, Attorney General,
et al.,
Respondents.
0:26-CV-1112
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 respondents were ordered to file a return to the petition, see filing
3, but did not respond.
As a result, the Court finds that the respondents have failed to establish
the lawfulness of the petitioner's detention or to show cause why the writ
should not be granted in this case. 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).1 The government shall
1 A petitioner seeking release from immigration detention shall be awarded costs and
reasonable attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412(d), unless the Court finds that the government's position was substantially justified or
that special circumstances make an award unjust. See Michelin v. Warden Moshannon Valley
Corr. Ctr., No. 24-2990, 2026 WL 263483 (3d Cir. Feb. 2, 2026); see also, e.g., Yeferson G.C. v.
Easterwood, No. 25-CV-4814, 2026 WL 207266, at *3 (D. Minn. Jan. 21), report and
recommendation adopted, 2026 WL 209825 (D. Minn. Jan. 27, 2026); Mairena-Munguia v.
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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.
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 with no new
conditions, and shall return any personal property seized
from the petitioner when detained.
4. No later than February 12, 2026, the government shall file
a status report certifying compliance with this Order.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 10th day of February, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
Arnott, No. 25-CV-3318, 2025 WL 3229132, at *5 (W.D. Mo. Nov. 19, 2025); cf. Bah v.
Cangemi, 548 F.3d 680 (8th Cir. 2008) (evaluating the merits of immigration habeas
petitioner's EAJA claim). Any motion for costs and fees pursuant to the EAJA in this case
should be filed within 30 days of the entry of judgment. See § 2412(d)(1)(B).
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