Estephanny P. v. Pamela Bondi, Attorney General; Kristi Noem, Secretary, U.S....

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Estephanny P., File No. 26-cv-198 (ECT/JFD) Petitioner, v. OPINION AND ORDER Pamela Bondi, Attorney General; Kristi Noem, Secretary, U.S. Department of Homeland Security; Department of Homeland Security; Todd M. Lyons, Acting Director of Immigration and Customs Enforcement; Immigration and Customs Enforcement; and David Easterwood, Acting Director, St. Paul Field Office, Immigration and Customs Enforcement, Respondents.

David L. Wilson and Gabriela Sophia Anderson, Wilson Law Group, Minneapolis, MN, for Petitioner Estephanny P. Ana H. Voss,1 United States Attorney’s Office, Minneapolis, MN, for Respondents Pamela Bondi, Kristi Noem, Department of Homeland Security, Todd M. Lyons, Immigration and Customs Enforcement, and David Easterwood.

Petitioner Estephanny P. has filed a Verified Petition for Writ of Habeas Corpus (“Petition” or “Pet.”) [ECF No. 1]. Estephanny is a Venezuelan citizen who was “admitted to the United States as a refugee on September 12, 2023.” Pet. ¶¶ 28–29. Estephanny was The Government’s response in this matter was signed by J. Cruz Rodriguez on behalf of the United States Attorney’s Office. See ECF No. 6. Mr. Rodriguez has not filed a notice of appearance in this case. “detained [by Respondents] on January 12, 2026, in Minnesota.” Id. ¶ 30. She maintains that her detention violates her Fifth Amendment rights to substantive and procedural due process, the Immigration and Nationality Act and its implementing regulations, the Administrative Procedure Act, and the Accardi doctrine. See id. ¶¶ 6, 61–82. Estephanny asserts that her refugee status entitles her to immediate release. See id. at 23. Estephanny does not seek a bond hearing under 8 U.S.C. § 1226(a). See id. Respondents filed a one-paragraph response to Estephanny’s Petition, stating: Petitioner filed this petition for a writ of habeas corpus to secure a bond hearing in connection with Petitioner’s detention by the U.S. Immigration and Customs Enforcement. This petition raises legal and factual issues similar to those in prior habeas petitions this Court has decided. Those issues are currently before the Eighth Circuit on expedited review in Avila v. Bondi, No. 25-3248 (8th Cir. docketed Nov. 10, 2025).

For purposes of expediting these proceedings, the Federal Respondents assert all arguments raised by the government in Avila, preserve those arguments for any appeal in this case, and respectfully request that the Court deny Petitioner’s habeas petition.

ECF No. 6 at 1. But Avila is inapposite. See Avila v. Bondi, No. 25-cv-3741 (JRT/SGE), 2025 WL 2976539 (D. Minn. Oct. 21, 2025). That case considered a petitioner’s entitlement to a bond hearing under the legal framework of U.S.C. §§ 1225 and 1226, and the petitioner there did not claim refugee status. See id. at *5 (stating that “[h]ere, Petitioner has lived in the country for years without seeking any lawful immigration status, such as naturalization, asylum, refugee designation, permanent residency, or a visa”). This is not what Estephanny argues here.

Respondents did not respond to Estephanny’s arguments about her refugee status, see ECF No. 6, meaning Respondents waived any challenge to these arguments. See Doe v. Mayorkas, No. 22-cv-752 (ECT/DTS), 2022 WL 4450272, at *2 (D. Minn. Sep. 23, 2022) (citing Espey v. Nationstar Mortg., LLC, No. 13-cv-2979 (ADM/JSM), 2014 WL 2818657, at *11 (D. Minn. June 19, 2014) (collecting cases)).

ORDER Accordingly, based on the foregoing, and on all the files, records, and proceedings herein, IT IS ORDERED THAT: 1. Petitioner Estephanny P.’s Verified Petition for Writ of Habeas Corpus [ECF No. 1] is GRANTED.

2. Respondents shall release Petitioner from custody immediately, but no later than within 48 hours of this Order’s entry.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 15, 2026, at 3:25 p.m. s/ Eric C. Tostrud Eric C. Tostrud United States District Court