Case: Herrera Avila v. Bondi

Emergency PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12260802) filed by Joaquin Herrera Avila. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Wilson, David) (Entered: 09/23/2025)

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Shannon G. Elkins. Please use case number 25-cv-3741 (JRT/SGE).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MKB) (Entered: 09/23/2025)

ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Respondents shall answer within 7 days of this Order's date. If Petitioner intends to file a reply, he must do so within 7 days of when Respondents' answer is filed. See Order for additional details. Signed by Magistrate Judge Shannon G. Elkins on 9/24/2025. (BH) (Entered: 09/24/2025)

Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Joaquin Herrera Avila. (Santamaria El Bayoumi, Katherine) (Entered: 09/25/2025)

NOTICE OF HEARING ON MOTION 4 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Santamaria El Bayoumi, Katherine) (Entered: 09/25/2025)

MEMORANDUM in Support re 4 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Joaquin Herrera Avila. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Santamaria El Bayoumi, Katherine) (Entered: 09/25/2025)

First Declaration of Katherine L. Santamaria El Bayoumi in Support of 4 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Joaquin Herrera Avila. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H)(Santamaria El Bayoumi, Katherine) (Entered: 09/25/2025)

PROPOSED ORDER TO JUDGE re 4 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Joaquin Herrera Avila.(Santamaria El Bayoumi, Katherine) (Entered: 09/25/2025)

(Text-Only) NOTICE: Status Conference set for 10/2/2025 at 03:30 PM in Video Conference (no courtroom) before Judge John R. Tunheim. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(HMA) (Entered: 09/29/2025)

RESPONSE re 1 Petition for Writ of Habeas Corpus, 4 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Sirce Owen.(Voss, Ana) (Entered: 10/01/2025)

DECLARATION of John D. Ligon re 10 Response, by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Sirce Owen . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Voss, Ana) (Entered: 10/01/2025)

(Text-Only) MINUTE ENTRY for proceedings held before Judge John R. Tunheim on 10/2/2025: Status Conference.Court Reporter: Lori SimpsonCourtroom Video ConferenceTime: 3:37 pm3:42 pmTotal Time: 5 minutesAPPEARANCES:For Plaintiff(s): David L Wilson; Cameron Lane Youngs Giebink; Katherine Lourdes Santamaria El BayoumiFor Defendant(s): Ana H Voss PROCEEDINGS: Discussion regarding schedule for Motion for TRO and Preliminary Injunction. (KKM) (Entered: 10/06/2025)

TRAVERSE re 10 Response, by Joaquin Herrera Avila. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate LR 7.1 word compliance)(Santamaria El Bayoumi, Katherine) (Entered: 10/03/2025)

MEMORANDUM OPINION AND ORDER on Petition for Writ of Habeas Corpus.1. Samuel Olson, Director, St. Paul Field Office Immigration and Customs Enforcement, is hereby JOINED as a Respondent, pursuant to Federal Rule of Civil Procedure 21.2. Petitioner Joaquin Herrera Avilas Verified Petition for Writ of Habeas Corpus 1 is GRANTED, as follows:a. Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and is instead subject to detention, if at all, pursuant to the discretionary provisions of 8 U.S.C. § 1226(a);b. Respondents shall provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a) within 7 days of the date of this Order in which the parties will be allowed to present evidence and argument about whether Petitioner is a danger to the community and presents a flight risk if not detained;c. If Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention; andd. Within ten days of the date of this Order, the parties shall provide the Court with a status update concerning the results of any bond hearing conducted pursuant to this Order, or if no bond hearing was held, advise the Court regarding Petitioner's release. Further, the parties shall advise the Court whether any additional proceedings in this matter are required and submit any proposals for the scope of further litigation.3. Respondents are ENJOINED from removing, transferring, or otherwise facilitating the removal of Petitioner from the District of Minnesota before the ordered bond hearing. If the immigration judge determines that the Petitioner is subject to the detention under 8 U.S.C. § 1226(a), Respondents may request permission from the Court to move Petitioner if unforeseen or emergency circumstances arise, which require Petitioner to be removed from the District. Any such request must include an explanation for the request as well as a proposed destination. The Court will then determine whether to grant the request and permit transfer of Petitioner.4. Petitioners Motion for Temporary Restraining Order 4 is DENIED as moot.5. Within 3 days of the date of this Order, the parties shall file any requests for redaction. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion) Signed by Judge John R. Tunheim on 10/21/2025. (KKM) (Entered: 10/21/2025)

JUDGMENT (Attachments: # 1 Civil Notice - appeal, # 2 Appeal Packet 1983)(MMG) (Entered: 10/22/2025)

1 Civil Notice - appeal

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2 Appeal Packet 1983

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STATUS REPORT by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson, Sirce Owen. (Voss, Ana) (Entered: 10/30/2025)

DECLARATION of Ana H. Voss re 16 Status Report by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson, Sirce Owen . (Attachments: # 1 Exhibit 1)(Voss, Ana) (Entered: 10/30/2025)

NOTICE OF APPEAL TO 8TH CIRCUIT as to 15 Judgment, 14 Order on Motion for TRO,,,,,,,,,, by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson, Sirce Owen. (Voss, Ana) (Entered: 11/07/2025)

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 18 . (ACH) (Entered: 11/07/2025)

USCA Case Number 25-3248 for 18 Notice of Appeal to 8th Circuit, filed by Sirce Owen, Samuel Olson, Pamela Bondi, Peter Berg, Immigration Customs Enforcement, Kristi Noem, Department of Homeland Security, Todd M. Lyons, Executive Office for Immigration Review. (MKB) (Entered: 11/12/2025)