District of Minnesota • 0:26-cv-00669

#1

Jan 26, 2026

PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12581787) filed by Cristofer Alexander Tocte-Chicaiza. No summons requested. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Heinz, Kevin) Modified text on 1/26/2026 (ABR). (Entered: 01/26/2026)

#2

Jan 26, 2026

NOTICE of Appearance by Kevin Heinz on behalf of Cristofer Alexander Tocte-Chicaiza. (Heinz, Kevin) Modified text on 1/26/2026 (ABR). (Entered: 01/26/2026)

#3

Jan 26, 2026

CIVIL COVER SHEET re 1 Petition for Writ of Habeas Corpus, filed by Pamela Bondi, David Easterwood, Todd Lyons, Kristi Noem filed by Cristofer Alexander Tocte-Chicaiza. (Heinz, Kevin) Modified text on 1/26/2026 (ABR). (Entered: 01/26/2026)

#4

Jan 26, 2026

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John M. Gerrard per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge David T. Schultz. Please use case number 26-cv-669 (JMG/DTS).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ABR) (Entered: 01/26/2026)

#5

Jan 26, 2026

ORDER TO SHOW CAUSE: The respondents shall, on or before January 29, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the writ should not be granted. The petitioner may reply in support of the petition on or before February 2, 2026. The respondents are enjoined from removing the petitioner from the United States and from the District of Minnesota until further order of the Court. If the petitioner has already been removed from Minnesota, the respondents are ordered to immediately return the petitioner to Minnesota. Signed by Senior District Judge John M. Gerrard on 1/26/2026. (DCD) (Entered: 01/26/2026)

#6

Jan 29, 2026

NOTICE of Appearance by Friedrich A. P. Siekert on behalf of Pamela Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Siekert, Friedrich) (Entered: 01/29/2026)

#7

Jan 29, 2026

RESPONSE by Pamela Bondi, David Easterwood, Todd Lyons, Kristi Noem re 1 Petition for Writ of Habeas Corpus, . (Siekert, Friedrich) (Entered: 01/29/2026)

#8

Jan 29, 2026

MEMORANDUM AND OPINION (Written Opinion): The Petition for Writ of Habeas Corpus 1 is granted. The government shall, if necessary, immediately return the petitioner to the District of Minnesota. When the petitioner is in Minnesota, the government shall immediately release him from custody. No later than January 31, 2026, the government shall file a status report certifying compliance with this Order. Signed by Senior District Judge John M. Gerrard on 1/29/2026. (DCD)

#9

Jan 30, 2026

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(kt) (Entered: 01/30/2026)

#10

Jan 30, 2026

AMENDED JUDGMENT (Attachments: # 1 Civil Notice - appeal)(kt) (Entered: 01/30/2026)

#11

Feb 01, 2026

NOTICE by Pamela Bondi, David Easterwood, Todd Lyons, Kristi Noem Regarding Release (Siekert, Friedrich) (Entered: 02/01/2026)

#12

Feb 03, 2026

(Text-Only) NOTICE TO ATTORNEY: 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. 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). Ordered by Senior District Judge John M. Gerrard. (DCD) (Entered: 02/03/2026)