Milton S. v. Ryan Shea, Sheriff, Freeborn County Sheriff’s Office; Todd Blanche, Acting Attorney General of the United States; Markwayne Mullin, Secretary, U.S. Department of Homeland Security; David Venturella, Acting Director of U.S. Immigration and Customs Enforcement; Sam Olson, Field Office Director the St. Paul Field Office for ICE within DHS
CourtDistrict Court, D. Minnesota
Date FiledOctober 17, 2026
Docket0:26-cv-04342
StatusUnknown
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Full Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Milton S., File No. 26-CV-4342 (JMB/LIB)
Petitioner,
v.
Ryan Shea, Sheriff, Freeborn County ORDER
Sheriff’s Office; Todd Blanche, Acting
Attorney General of the United States;
Markwayne Mullin, Secretary, U.S.
Department of Homeland Security; David
Venturella, Acting Director of U.S.
Immigration and Customs Enforcement;
Sam Olson, Field Office Director the St.
Paul Field Office for ICE within DHS,
Respondents.
Sherene Mostaghimi, Gam Law, St. Paul, MN, for Petitioner Milton S.
David W. Fuller and Carl Berry, United States Attorney’s Office, Minneapolis, MN, for
Respondents Todd Blanche, Markwayne Mullin, David Venturella, and Sam Olson.
David John Walker, Freeborn County Attorney’s Office, Albert Lea, MN, for Respondent
Ryan Shea.
This matter is before the Court on Petitioner Milton S.’s1 Petition for Writ of Habeas
Corpus (Petition) under 28 U.S.C. § 2241 (Doc. No. 1 [hereinafter, “Pet.”]), which names
1 This District has adopted a policy of using only the first name and last initial of any
nongovernmental parties in immigration cases.
Ryan Shea, Todd Blanche, Markwayne Mullin, David Venturella, and Sam Olson as
Respondents. (Id.) For the reasons explained below, the Court grants the Petition.
FINDINGS OF FACT
1. Milton S. is a 44-year old native and citizen of Ecuador. (Doc. No. 7-1 at 1;
Pet. ¶ 7.) On or around September 12, 2023, Milton S. entered the United States at the
U.S.-Mexico border near El Centro, California. (Doc. No. 7-1 at 3.)
2. On September 12, 2023, after crossing the border, Milton S. was detained by
Customs and Border Patrol officers, at which time Milton S. claimed fear of return to
Ecuador. (Id.; Doc. No. 10-1.) According to DHS records, Milton S. was thereafter
“processed as Expedited Removal with Credible Fear” pursuant to 8 C.F.R. § 212.5. (Doc.
No. 7-1 at 3.)
3. On November 11, 2023, a Supervisory Asylum Officer in Houston, Texas,
issued a Form I-862 Notice to Appear (NTA), which ordered Milton S. to appear before an
immigration judge in Minnesota in August 2024. (Id.; Doc. No. 7-2.) The NTA was
addressed to Milton S. at a home address in Minneapolis. (Doc. No. 7-2 at 1.) The NTA
notes that it was “issued after an asylum officer has found that [Milton S.] has demonstrated
credible fear of persecution or torture.” (Id.)
4. On December 6, 2023, Immigration and Customs Enforcement (ICE) officers
served Milton S. with an “Interim Notice Authorizing Parole,” which was meant to “inform
[him] that [ICE] has decided to parole you from its custody pursuant to its authority under
[8 U.S.C. § 1182(d)(5)(A)].” (Doc. No. 10-1.) The Notice stated that Milton S. was subject
to certain conditions of release while on parole and that parole expired after one year. (Id.)
At some point between September 12 and December 6, 2023, Milton S. was released from
detention pursuant to conditions of release.
5. There is no evidence presented to suggest that Milton S. ever violated any
conditions of release.
6. Since some time after December 6, 2023, Milton S. has been residing in
Minneapolis, where he works as a dishwasher. (Doc. No. 7-1 at 1; Doc. No. 7-2.)
7. Milton S. has pending asylum proceedings.2 (Doc. No. 7-1 at 3.)
8. There is no record evidence of whether or what occurred at the August 2024
hearing noticed in the November 2023 NTA.3
9. Milton S. has no known criminal history. (See id. at 2.)
10. Some time on or before August 27, 2026, Milton S.’s auto mechanic provided
him a loaner vehicle—which Milton S. did not know had been reported stolen—while
Milton S.’s car was in the shop. (Pet. ¶ 19.) On August 27, 2026, police officers in
Brooklyn Center, Minnesota, arrested Milton S. for allegedly receiving stolen property—
specifically, for driving the loaner that had been reported stolen. (Doc. No. 7-1 at 3.)
2 In their response to the Petition, Respondents’ counsel states that “[d]espite claiming fear
[upon arrival in the United States], the Petitioner did not file any applications for relief,”
even though the supporting document to which counsel cites expressly provides that Milton
S. “currently has [a] pending asylum case.” (Doc. No. 6 at 1; Doc. No. 7-1 at 3.)
3 Presumably, the proceeding that occurred included a discussion regarding potential
detention or continued release. Respondents, however, provided no information
concerning this hearing. The Court is concerned that Respondents have deliberately chosen
not to provide information ordered by the Court concerning release and conditions of
release, but in light of the decision to grant the Petition on other grounds, the Court need
not address this issue.
Milton S. informed police that he had no knowledge that the vehicle had been reported
stolen, and he was not investigated for or charged with any crime. (Pet. ¶ 19.)
11. On October 6, 2026, Milton S. drove his own vehicle to work in northeast
Minneapolis. (Id. ¶ 13.)
12. Meanwhile, two ICE officers, Supervisory Detention and Deportation
Officer (SDDO) Randy Langworthy and Deportation Officer William Witt, along with
several other vehicles operated by DHS officials (Pet. ¶ 14) were working “fugitive
operations”4 in northeast Minneapolis. (Doc. No. 7-1 at 2.) At 6:45 a.m., Langworthy and
Witt observed a vehicle driven by Milton S. pass them. (Id.)
13. Langworthy and Witt “followed the vehicle for a short while before initiating
their vehicle’s emergency lights to perform a vehicle stop.”5 (Id.; Pet. ¶ 14.)
4 This term is not defined or explained. The Court is concerned that this term and others
like it, such as “targeted enforcement operation,” are not, in fact, accurate descriptions of
the activities of the federal officers involved. In most immigration habeas cases that the
Court has reviewed (and as it appears was the case here), federal officers taking a petitioner
into custody have no knowledge of the petitioner’s identity prior to initiating contact with
the petitioner. Thus, despite the term used, the petitioner is not a fugitive, and the operation
is not targeted to that specific person. Not only are such terms disingenuous—or even
fraudulent—representations when used to describe conduct such as checkpoints or license
plate checks, but they also potentially violate the Fourteenth Amendment if officers are
only checking license plates of vehicles driven by people who present as Black, Latino, or
members of another ethnic or racial group: it is well-established that the Equal Protection
Clause of the Fourteenth Amendment prohibits selective enforcement of the law based on
considerations such as race, ethnicity, or religion. E.g., Whren v. United States, 517 U.S.
806, 813 (1996); Wayte v. United States, 470 U.S. 598, 608 (1985); Gilani v. Matthews,
843 F.3d 342, 347 (8th Cir. 2016).
5 There is no statement of any kind establishing the time of arrest or the duration of the
“short while” during which time ICE officers followed the vehicle. Nor is there any sworn
statement in the record that establishes the time when ICE officers first observed Milton
S., or the time when ICE officers first detained Milton S.
14. At some unknown time, several unmarked ICE vehicles surrounded Milton
S. (Pet. ¶ 14.)
15. During the encounter, Langworthy “approached the driver’s side door,
identified himself, and visually noticed the driver was the owner of the vehicle,” at which
point Witt “escorted [Milton S.] out of the vehicle and placed him under arrest by
handcuffing him behind his back, checking for tightness and double locked.”
(Doc. No. 7-1 at 2; Doc. No. 7-3.) After Milton S. was cuffed, officers “searched incident
to arrest with negative results,” and Milton S. “requested that [officers] park his vehicle in
his work parking lot across the street.” (Doc. No. 7-1 at 2.)
16. Milton S. was not given or shown a warrant when taken into custody, and
ICE officers told him that they detained him because he was “criminally charged.”6 (Pet.
¶¶ 15, 18.)
17. The Form I-200 administrative warrant was directed to “[a]ny immigration
officer authorized pursuant to sections 236 and 287 of the [Immigration and Nationality
Act (INA)] [i.e., 8 U.S.C. §§ 1226, 1357] and part 287 of title 8, Code of Federal
Regulations, to serve warrants of arrest for immigration violations.” (Doc. No. 7-2.) Thus,
Respondents detained Milton S. pursuant to their authority under 8 U.S.C. § 1226.
18. The Form I-200 administrative warrant shows that it was drawn up and
6 When booking Milton S., Witt filled out the portion of the booking form for “Criminal
History” as follows: “On August 27, 2026, [Milton S.] was arrested by Brooklyn Center
Police Dept. for receiving stolen property. Charges currently have not been charged [sic].”
(Doc. No. 7-1 at 3.) Thus, the statement that Milton S. was “criminally charged” was a
false statement made by ICE officers at the time they took Milton S. into custody.
issued at an unknown time on October 6, 2026, by Langworthy, as follows:
YOU ARE COMMANDED to arrest and take into custody for removal proceedings under the
Immigration and Nationality Act, the above-named alien. a.
(Signature of Authoriged Immigration Officer)
Randy Langworthy SDDO
(Printed Name and Title of Authorized Immigration Officer)
(Doc. No. 7-3.)
19. The Form I-200 administrative warrant shows that it was served on Milton
S. by an unknown official at 7:04 a.m. on October 6, 2026.
Certificate of Service
Lhereby certify that the Warrant for Arrest of Alien was served by me at M Ld Hope V1
(Location)
on 54 fos Vy, lq pez f" 4. [enon hy □□□ 7b GOT , and the contents of this
(Name of Alien) Date of Service)
notice were read to him or her in the Jae h language.
(Language)
Name and Signature of Officer Name or Number of Interpreter (if applicable)
(Id.)
20. Witt transported Milton S. to the Bishop Henry Whipple building for
processing. (Doc. No. 7-1 at 2.)
21. During processing, Milton S. made a claim of fear of return to Ecuador.
(Doc. No. 7-1 at 3.)
22. Since being taken into custody on October 6, Milton S. has remained in DHS
custody at the Freeborn County Jail in Albert Lea, Minnesota. (Pet. § 20.)
23. On October 9, 2026, Milton S. filed his Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. (Doc. No. 1.)
24. On October 9, 2026, the Court ordered Respondents to file a response to the
Petition on or before 11:00 a.m. on October 14, 2026 and to provide “any and all prior
orders of release or supervision that have ever been issued to Petitioner.” (Doc. No. 3.)
25. On October 14, 2026, Respondents timely filed a response to the Petition.
(Doc. Nos. 6, 7.)
26. On October 15, 2026, the Court ordered Respondents to file a declaration by
someone with relevant knowledge providing the Court with “any and all prior orders of
release or supervision that have ever been issued to Petitioner,” or, if none exist, to provide
the Court with an explanation for DHS’s decision to release Milton S. from detention after
he entered the United States in September 2023. (Doc. No. 8.)
27. On October 15, 2026, Respondents produced a document entitled, “Interim
Notice Authorizing Parole,” which ICE issued to Milton S. on December 6, 2023. (Doc.
No. 9.)
DISCUSSION
In his Petition, Milton S. seeks immediate release, arguing that his detention violates
the requirements of the INA and accompanying regulations (namely, 8 C.F.R. § 287.8(c)
and 8 U.S.C. § 1357(a)(2)), as well as the Fourth Amendment of the Constitution. (Pet. at
7–8.) For their part, the Respondents argue that Milton S. was detained pursuant to a valid
Form I‑200 administrative warrant, that his detention is mandatory pursuant to 8 U.S.C.
§ 1225(b)(2), and that Milton S.’s detention satisfies the constitutional requirements of due
process (grounds for relief never raised by Milton S.). For the reasons set forth below, the
Court grants the Petition.
A. Right to Habeas Relief
A writ of habeas corpus may be granted to any person who demonstrates he is in
custody in violation of the Constitution or laws of the United States. 28 U.S.C.
§ 2241(c)(3); Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (concluding that the
Constitution guarantees that the writ of habeas corpus is “available to every individual
detained within the United States” (citing U.S. Const., Art. I, § 9, cl. 2)). For most of the
nation’s history, habeas review “has remained a critical check on the Executive, ensuring
that it does not detain individuals except in accordance with law.” Hamdi, 542 U.S. at 525
(quotation omitted). The right to challenge the legality of a person’s confinement through
a petition for a writ of habeas corpus “extends to . . . immigration-related detention.” Deng
Chol A. v. Barr, 455 F. Supp. 3d 896, 900–01 (D. Minn. 2020) (citation omitted). The
petitioner bears the burden of proving that his detention is illegal by a preponderance of
evidence. Mohammed H. v. Trump, 786 F. Supp. 3d 1149, 1154 (D. Minn. 2025).
B. Inapplicability of 8 U.S.C. § 1225
It is an undisputed matter of fact that Respondents detained Milton S. pursuant to
their discretionary authority under 8 U.S.C. § 1226. The Form I-200 administrative warrant
was directed to “[a]ny immigration officer authorized pursuant to sections 236 and 287 of
the [INA] [i.e., 8 U.S.C. §§ 1226, 1357] and part 287 of title 8, Code of Federal
Regulations, to serve warrants of arrest for immigration violations.” (Doc. No. 7-2.) In
response to the Petition, however, Respondents advance a different basis for the detention
of Milton S.: 8 U.S.C. § 1225(b)(2)(A), as interpreted by Avila v. Bondi, 170 F.4th 1128,
1133–35 (8th Cir. 2026) (concluding that section 1225(b)(2) requires the mandatory
detention noncitizens, without any individualized determination and regardless of whether
the noncitizen is encountered at the border at the time of entry or in the interior of the
United States months, years, or decades after entry). But see Rodriguez Vazquez v. Bostock,
183 F.4th 1160, 1180 (9th Cir. July 30, 2026) (rejecting Respondents’ “new interpretation”
as inconsistent with “the assertedly unambiguous language of the statute” and because “it
raises various textual and interpretive problems,” citing similar holdings from the Second,
Sixth, Tenth, and Eleventh Circuits).
The Court concludes that Respondents cannot now change the basis for the
detention of Milton S. He was detained under section 1226 alone, and Respondents
advance no legal argument to support the proposition that they can alter this fact through
filing of their written responsive submissions. Thus, just as it is stated in the Form I-200
on which ICE based Milton S.’s detention, the Court concludes that the Respondents
detained Milton S. pursuant to the framework of 8 U.S.C. § 1226. See, e.g., Martha C.G.P.
v. Blanche, No. 26-CV-2308 (DWF/JFD), 2026 WL 1329577, at *2 (D. Minn. May 13,
2026) (rejecting respondents’ contention that petitioner was subject to mandatory detention
under section 1225(b) where Form I-200 warrant represented that detention was pursuant
to section 1226); Hector J.A.S. v. Shea, No. 26-CV-2242 (JRT/DLM), 2026 WL 1243500,
at *2 (D. Minn. May 6, 2026) (same); see also Espinoza-Avalos, No. 8:26-CV-0191, 2026
WL 1396593, at *1–3 (D. Neb. May 19, 2026).
B. Violations of Applicable Regulatory and Statutory Requirements
Agents may detain a non-citizen either on a valid warrant or in accordance with
applicable warrantless arrest procedures. 8 U.S.C. § 1357; 8 C.F.R. § 287.8(c)(2)(ii); see
also Venancio P.J. v. Blanche, No. 26-CV-2740 (ECT/JFD), 2026 WL 1862252, at *2 (D.
Minn. June 29, 2026). DHS’s “general procedures” for all “enforcement activities,”
including for the “conduct of arrests,” requires that “[a] warrant of arrest shall be obtained
except when the designated immigration officer has reason to believe that the person is
likely to escape before a warrant can be obtained.” 8 C.F.R. § 287.8(c)(2)(ii). Here,
Respondents violated applicable regulatory and statutory requirements in three respects.
First, Respondents did not comply with the requirements of section 287.8(c)(2)(iii).
That regulation provides that, “[a]t the time of the arrest,” the detaining officers must do
the following two things: “(A) [i]dentify himself or herself as an immigration officer who
is authorized to execute an arrest; and (B) [s]tate that the person is under arrest and the
reason for the arrest.” Id. § 287.8(c)(2)(iii). According to the Form I-213 document
created at the time of Milton S.’s booking, after stopping Milton S.’s vehicle, Langworthy
identified himself to Milton S. (Doc. No. 7-1 at 2.) However, there is no evidence that
either Langworthy, Witt, or any other officer present at the time of detention7 informed
Milton S. that he “[wa]s under arrest and the reason for the arrest,” as required by
regulation. See id. § (c)(2)(iii). Instead, according to Milton S., an officer claimed that the
detention was because “Petitioner was ‘criminally charged’” (Pet. ¶ 19), which, according
to Respondents’ own documentation, was untrue. (Doc. No. 7-1 at 3 (“On August 27,
2026, [Milton S.] was arrested by Brooklyn Center Police Dept. for receiving stolen
7 Milton S. recalls that multiple “unmarked ICE vehicles” surrounded him at the time of
his arrest. Nothing in the record suggests that the only officers present were just
Langworthy and Witt.
property. Charges currently have not been charged [sic].”); Doc. No. 7-3 (reflecting that
the actual purported basis for the detention is the pendency of removal proceedings, not
criminal charges).) Langworthy is Respondents’ declarant in support of their opposition
to Milton S.’s petition, and he was one of the officers present when Milton S. was taken
into custody; if he believed that Milton S.’s recollection was not true, he could have—but
did not—rebut it. (See Doc. No. 7.) Thus, the record shows that neither Witt nor
Langworthy (nor any other officer) informed Milton S. of the actual reason he was being
detained. Respondents violated the plain requirements of 8 C.F.R. § 287.8(c)(2)(iii).
Second, the warrant is invalid because the serving officer cannot be identified.
Pursuant to 8 U.S.C. § 1226(a)—under which authority Respondents purportedly took
Milton S. into custody (Doc. No. 7-3)—“[o]n a warrant issued by the Attorney General, a
[non-citizen] may be arrested and detained pending a decision on whether the [non-citizen]
is to be removed from the United States.” 8 U.S.C. § 1226(a); see also Ahmed M. v. Bondi,
No. 25-CV-4711 (ECT/SGE), 2026 WL 25627, at *3 (D. Minn. Jan. 5, 2026). A Form I-
200 is an administrative warrant which authorizes detention of a non-citizens if it is “issued
only by those immigration officers listed in [section] 287.5(e)(2) . . . and may be served
only by those immigration officers listed in [section] 287.5(e)(3).” 8 C.F.R.
§ 236.1(b)(1). Putting both requirements together, DHS may detain a non-citizen using
Form I-200 only if the Form I-200 indicates who the issuing and the serving immigration
officers are. See 8 U.S.C. § 1226(a); 8 C.F.R. § 236.1(b)(1). This is because only
immigration officers are “authorized to issue warrants of arrest under the relevant
regulation.” Fernando C.C. v. Bondi, No. 26-CV-1235 (LMP/JFD), 2026 WL 446408, at
*5 (D. Minn. Feb. 17, 2026). Therefore, a warrant is invalid when it does not indicate who
the issuing immigration officer is and who the serving immigration officer is. Cf. Tanneh
W.S. v. Blanche, No. 26-CV-2775 (LMP/EMB), 2026 WL 1801140, at *3 (D. Minn. June
23, 2026) (holding that a Form I-200 warrant was valid when both the issuing and serving
officers’ information verified them as deportation officers).
Here, Respondents did not establish that they satisfied the second requirement of 8
C.F.R. § 236.1(b)(1). The record presented establishes that, while the Form I-200 warrant
was issued by SDDO Langworthy, it was served by an individual identified only by an
illegible scribble, a number that appears nowhere else in the record, and no indication of
the their rank or title. (See Doc. No. 7-3.) Cf. Fernando C.C., 2026 WL 446408, at
*5. Thus, Respondents violated 8 C.F.R. § 236.1(b)(1), and the warrant is invalid.
Third, the detention preceded the issuance of a warrant, and Respondents did not
comply with the requirements of a warrantless arrest. Respondents do not provide a sworn
statement regarding when the Form I‑200 was issued or stating that the warrant was issued
before taking Milton S. into custody. Respondents did provide an unsworn report of the
events of October 6, 2026, in which Witt, the author, states that Langworthy and Witt
observed Milton S.’s vehicle at 6:45 a.m., followed him “for a short while,” and then
stopped it. (Doc. No. 7-3 at 2.) Absent any evidence to the contrary, in the context of a
traffic stop, the Court understands “a short while” to mean a matter of a few minutes, at
most. This corroborates Milton’s recollection that officers did not serve or show him a
warrant at the time he was taken into custody (Pet. ¶ 15) and is consistent with the Form
I‑200 itself, which shows that it was served nearly twenty minutes after officers initiated
the traffic stop of Milton S.’s vehicle (Doc. No. 7-3). Based on this limited record, the
Court is compelled to conclude that officers took Milton S. into custody without first
obtaining a warrant, and therefore, Respondents must establish that both requirements of 8
U.S.C. § 1357(a)(2) were satisfied. Respondents have not done so.
Absent a valid warrant, Respondents may take a person into custody if there is
probable cause “to believe that the [noncitizen] so arrested is [1] in violation of any[] law
or regulation [made in pursuance of law regulating the admission, exclusion, expulsion, or
removal of noncitizens] and [2] is likely to escape before a warrant can be obtained for his
arrest.” 8 U.S.C. § 1357(a)(2); see also 8 C.F.R. § 287.8 (c)(2)(ii) (stating that a warrant
of arrest “shall be obtained except when the designated immigration officer has reason to
believe that the person is likely to escape before a warrant can be obtained”); U.S. v. Diaz-
Quintana, 623 F.3d 1237, 1239 (8th Cir. 2010) (concluding that the phrase “reason to
believe” in section 1357(a)(2) means “constitutionally required probable cause”).
Respondents make no argument whatsoever concerning the claim in the Petition that
“[n]either statutory exception under § 1357(a)(2) was present.” (Pet. ¶ 22; see also id. ¶¶
16, 21–25.) Absent any argument, the Court necessarily agrees with Milton S. that
Respondents have not established that at the time they initiated the detention, officers had
probable cause to believe Milton S. was likely to escape.8 Thus, Respondents violated
8 Generally, respondents waive arguments that they elect not to make. See Rodriguez-
Quiroz v. Lynch, 835 F.3d 809, 822 n.6 (8th Cir. 2016) (noting that the government waived
an argument by failing to raise it in an immigration appeal); see also Estephanny P. v.
Bondi, No. 26-CV-198 (ECT/JFD), Doc. No. 10, at *3 (D. Minn. Jan. 15, 2026) (citing Doe
v. Mayorkas, No. 22-cv-752 (ECT/DTS), 2022 WL 4450272, at *2 (D. Minn. Sep. 23,
2022) (concluding that failure to respond is an express waiver of those arguments or
section 1357(a)(2).
For each of these reasons, the detention of Milton S. is unlawful and immediate
release is the appropriate remedy. 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.”); see also Gonzalez Ochoa v. McCleary, 816 F. Supp. 3d
921, 927–28 (S.D. Iowa 2026) (concluding ICE had no authority to arrest petitioner relying
on Form I‑200 that issued before the NTA); Alberto C.M. v. Noem, 817 F. Supp. 3d 735,
739 (D. Minn. 2026) (granting petition on grounds that detention under section 1226(a)
was unlawful where Form I-200 “was not issued until after [petitioner’s] arrest and initial
detention”); see also, e.g., Felix Alberto J.M. v. Blanche, No. 26-CV-2944 (LMP/DLM),
2026 WL 1906596, at *5 (D. Minn. July 2, 2026) (concluding Respondents’ detention of
petitioner was invalid warrantless arrest and petitioner was entitled to remedy of release);
Venancio P.J., 2026 WL 1862252, at *3 (same); Hector J.A.S., 2026 WL 1243500, at *2
(ordering release of petitioner where respondents did not issue NTA until booking, well
after taking the petitioner into custody); Pina C.D.B. v. Bondi, No. 26-CV-1929
(KMM/DJF), 2026 WL 810676, at *3 (D. Minn. Mar. 24, 2026) (concluding “immediate
release is the proper remedy” when a person is taken into custody without a valid
administrative warrant); Jouquin C.S. v. Bondi, No. 26-CV-1438 (DWF/DJF), 2026 WL
claims)); Bland v. California Dep’t of Corr., 20 F.3d 1469, 1474 (9th Cir. 1994) (“When
the State's return fails to dispute the factual allegations contained in the petition and
traverse, it essentially admits those allegations.”), overruled on other grounds by Schell v.
Witek, 218 F.3d 1017 (9th Cir. 2000). Given the conclusion that Respondents have not
established the second prong of section 1357(a)(2), the Court need not determine whether
Respondents have also waived arguments regarding the first prong of this section.
483256, at *2–3 (D. Minn. Feb. 20, 2026) (concluding DHS’s detention of petitioner under
section 1226(a) was unlawful because DHS arrested petitioner pursuant to Form I-200 that
was invalid by virtue of being issued prior to issuance of NTA); Marinero v. Bondi, No.
26-CV-1007 (JMG), 2026 WL 357653, at *1 (D. Minn. Feb. 9, 2026) (“[I]ssuing an
administrative warrant after an arrest . . . isn’t good enough to trigger § 1226(a).”).
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT the Petition (Doc. No. 1) is GRANTED as follows:
1. Respondents are ORDERED to release Petitioner Milton S. immediately and
in any event no later than 4:00 p.m. CT on October 19, 2026.
2. On or before 11:00 a.m. CT on October 20, 2026, counsel for Respondents
shall file a letter affirming that they have released Petitioner Milton S.
3. On or before 11:00 a.m. CT on October 20, 2026, counsel for Respondents
shall also file a declaration pursuant to 28 U.S.C. § 1746 by an individual
with personal knowledge that states when and where the Petitioner was
released, attaches any and all documentation concerning the Petitioner’s
release, and affirms with supporting documentation that all property of
Petitioner was returned to Petitioner upon release (or, if property is retained,
state which property is retained, the legal basis for its retention, and affirm
that Respondents duly provided Petitioner with certified copies of any and
all immigration-related documentation). Respondents must submit each of
the following three forms to affirm return of Petitioner’s property: I-77, I-
216, and G-589. If Petitioner’s property is lost, Respondents must also
submit form I-387, “Report of Detainee’s Missing Property.” If Respondents
cannot provide one or more of these forms, Respondents must address why
they are unable to do so.
4. Petitioner Milton S. may move separately within 30 days of final judgment
in this action to recover attorney’s fees and costs under the Equal Access to
Justice Act, 20 U.S.C. § 2412(d).
5. To the extent Petitioner Milton S. seeks additional relief, the Petition is
DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 17, 2026 /s/ Jefrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court