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0:26-cv-01214Mnd18 de fev. de 2026

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jorge C.,
Petitioner,
v.
Pamela Bondi, Attorney General; Kristi
Noem, Secretary, 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.
File No. 26-cv-1214 (ECT/LIB)
OPINION AND ORDER
________________________________________________________________________
Luke Grundman, Mid-Minnesota Legal Aid, Minneapolis, MN, for Petitioner Jorge C.
Ann M. Bildtsen and David W. Fuller, United States Attorney’s Office, Minneapolis, MN,
for Respondents Pamela Bondi, Kristi Noem, Todd M. Lyons, and David Easterwood.
Petitioner Jorge C. is a citizen of Mexico who was detained in Minnesota by
Immigration and Customs Enforcement (“ICE”) agents on January 9, 2026, as part of
“Operation Metro Surge.” Pet. [ECF No. 1] ¶¶ 21–22. On January 10, 2026, Jorge “was
transferred to an ICE holding facility in El Paso, Texas, due to bed space constraints in
Minnesota.” 	ECF No. 7 ¶ 6. 	Then, on January 26, 2026, Jorge was transferred to the
“Cibola County Correctional Center in Milan, [New Mexico],” where he remains in
custody. 	See ECF No. 7 ¶ 7. 	Jorge filed a Verified Petition for Writ of Habeas in this
District on February 8, 2026, seeking his release from custody or, alternatively, “bail
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pending adjudication.” See Pet. ¶¶ 52–59 & at 16–17. On February 13, 2026, Jorge had a
custody redetermination hearing in immigration court in New Mexico, and the immigration
Judge denied bond. See ECF No. 12-1.
“[F]or core habeas petitions challenging present physical confinement, jurisdiction
lies in only one district: the district of confinement.” 	Rumsfeld v. Padilla, 542 U.S. 426,
443 (2004). 	“An exception is recognized, however, where the petitioner’s location is
unknown at the time of filing—such as when the petitioner is in transit—or where
immigration authorities have not disclosed where the petitioner is being detained or by
whom, and circumstances have prevented or precluded contact with counsel.” 	Adriana
M.Y.M. v. Easterwood, No. 26-cv-213 (JWB/JFD), 2026 WL 184721, at *2 (D. Minn. Jan.
24, 2026); accord Order at 1–2, Fausto T. v. Bondi, No. 26-cv-748 (PJS/EMB) (D. Minn.
Jan. 28, 2026), ECF No. 3; Order at 2–3, Angel A. v. Lyons, No. 26-cv-777 (SRN/ECW)
(D. Minn. Feb. 2, 2026), ECF No. 7. 	This exception does not apply here. 	Jorge was
detained in New Mexico at the time he filed his Petition. 	See ECF No. 7 ¶ 7. 	Jorge
acknowledges that he “contacted his partner multiple times since the date of his arrest to
inform her that he is being or has been transferred.” Pet. ¶ 23; see also id. ¶ 3. Though the
Petition alleges that Jorge was “unlocatable” on ICE’s Online Detainee Locator system, id.
¶ 13; see also id. ¶¶ 3, 23, the Petition does not allege that Jorge did not (or could not)
communicate his location to his partner, nor does it allege that Jorge was unable to
communicate with his counsel. On these facts, I find that the Court lacks jurisdiction over
Jorge’s Petition, and the Petition will be transferred to the District of New Mexico.
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Therefore, based on the foregoing, and on all the files, records, and proceedings
herein, IT IS ORDERED THAT Petitioner Jorge C.’s Verified Petition for Writ of Habeas
Corpus [ECF No. 1] is TRANSFERRED to the United States District Court for the District
of New Mexico.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 18, 2026 	s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court
CASE 0:26-cv-01214-ECT-LIB Doc. 13 Filed 02/18/26 Page 3 of 3

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