Completed
Case Information
Filed: February 20, 2026
Assigned to:
Patrick Joseph Schiltz
Referred to:
Dulce J. Foster
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: March 19, 2026
Last Activity:
August 25, 2026
Parties:
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Docket Entries
#1
Feb 20, 2026
PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12707820) filed by Por Moua. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Suitor, Daniel) Modified text on 2/20/2026 (LTT). (Entered: 02/20/2026)
Main Document:
PETITION
#2
Feb 20, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Judge Patrick J. Schiltz per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Judge Dulce J. Foster. Please use case number 26-cv-1546 PJS/DJF.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (mkr) (Entered: 02/20/2026)
#3
Feb 20, 2026
ORDER/NOTICE TO ATTORNEY. Respondents are directed to file an answer to the petition for a writ of habeas corpus of petitioner by no later than February 23, 2026, certifying the true cause and proper duration of petitioner's confinement and showing cause why the writ should not be granted in this case. If petitioner intends to file a reply to respondents' answer, petitioner must do so by no later than February 25, 2026. Respondents are ENJOINED from moving petitioner outside of Minnesota until further order of the Court, so that petitioner may consult with counsel while the Court is considered the petition, and so that there is no risk that removal of petitioner from Minnesota will deprive this Court of jurisdiction over the petition. If petitioner has already been removed from Minnesota, respondents are ORDERED to return petitioner to Minnesota no later than February 22, 2026, at 12:00 pm. See Order for details. Signed by Chief Judge Patrick J. Schiltz on 2/20/2026. (CRD) (Entered: 02/20/2026)
Main Document:
Order/Notice to Attorney
#4
Feb 23, 2026
RESPONSE by David Easterwood, Todd M. Lyons, Kristi Noem re 1 Petition for Writ of Habeas Corpus, . (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7)(Isihara, Matthew) (Entered: 02/23/2026)
Main Document:
RESPONSE
#5
Feb 25, 2026
MEMORANDUM re 4 Response, (Reply Brief) filed by Por Moua. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Suitor, Daniel) (Entered: 02/25/2026)
Main Document:
MEMORANDUM
#6
Mar 09, 2026
REPORT AND RECOMMENDATION that the Petition for Writ of Habeas Corpus 1 be granted. Respondents must file any objection to this Report and Recommendation on or before March 11, 2026. Petitioner may file a response to any objections on or before March 12, 2026. Signed by Magistrate Judge Dulce J. Foster on 3/9/2026. (LC2) (Entered: 03/09/2026)
Main Document:
REPORT AND RECOMMENDATION that the Petition for Writ of Habeas Corpus 1 be granted. Respondents must file any objection to this Report and Recommendation on or before March 11, 2026. Petitioner may file a response to any objections on or before March 12, 2026. Signed by Magistrate Judge Dulce J. Foster on 3/9/2026. (LC2)
#7
Mar 11, 2026
OBJECTION TO 6 REPORT AND RECOMMENDATION Objection to R/R filed by David Easterwood, Todd M. Lyons, Kristi Noem.(Isihara, Matthew) (Entered: 03/11/2026)
Main Document:
OBJECTION
#8
Mar 12, 2026
RESPONSE TO OBJECTION to 7 Report and Recommendation filed by Por Moua filed by Por Moua. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Suitor, Daniel) (Entered: 03/12/2026)
Main Document:
RESPONSE
#9
Mar 19, 2026
ORDER OVERRULING 7 respondents' objection to the Report and Recommendation; and ADOPTING 6 the Report and Recommendation insofar as it recommends granting the petition for a writ of habeas corpus based on respondents' violation of 8 C.F.R. § 241.13(i)(3). 1 Petitioner's petition for habeas corpus is GRANTED IN PART and DENIED IN PART. Specifically, the Court ORDERS respondents to release petitioner from custody in accordance with the conditions previously imposed by 3:00 pm on March 21, 2026. If petitioner is not in Minnesota, respondents must first return petitioner to Minnesota. The remainder of petitioner's petition is DENIED WITHOUT PREJUDICE. See Order for details. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Chief Judge Patrick J. Schiltz on 3/19/2026. (CRD) (Entered: 03/19/2026)
#10
Mar 20, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(LTT) (Entered: 03/20/2026)
Main Document:
Judgment (Clerk's Office Only)
#11
Apr 18, 2026
MOTION for Attorney Fees filed by Por Moua. (Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
MOTION
#12
Apr 18, 2026
NOTICE OF HEARING ON MOTION 11 MOTION for Attorney Fees : Date and time to be determined. (Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
NOTICE
#13
Apr 18, 2026
MEMORANDUM in Support re 11 MOTION for Attorney Fees filed by Por Moua. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
MEMORANDUM
#14
Apr 18, 2026
Declaration of Petitioner Por M. in Support of 11 MOTION for Attorney Fees filed by Por Moua.(Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
Declaration
#15
Apr 18, 2026
Declaration of Daniel P. Suitor in Support of 11 MOTION for Attorney Fees filed by Por Moua. (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, # 9 Exhibit(s) I)(Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
Declaration
#16
Apr 18, 2026
MEET and CONFER STATEMENT re 11 Motion for Attorney Fees filed by Por Moua.(Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
MEET
#17
Apr 18, 2026
PROPOSED ORDER TO JUDGE re 11 MOTION for Attorney Fees filed by Por Moua.(Suitor, Daniel) (Entered: 04/18/2026)
Main Document:
PROPOSED
#18
Apr 20, 2026
NOTICE of Appearance by David R. Hackworthy on behalf of David Easterwood, Todd M. Lyons, Kristi Noem. (Hackworthy, David) (Entered: 04/20/2026)
Main Document:
NOTICE
#19
May 02, 2026
RESPONSE in Opposition re 11 MOTION for Attorney Fees filed by David Easterwood, Todd M. Lyons, Kristi Noem.(Hackworthy, David) (Entered: 05/02/2026)
Main Document:
RESPONSE
#20
Aug 25, 2026
ORDER DENYING WITHOUT PREJUDICE 11 petitioner's motion for attorney's fees. All proceedings in this matter are STAYED until the issuance of a decision by the Supreme Court in Montoya Palacios v. Liggins, No. 25-1223 (cert. granted June 29, 2026). If petitioner intends to file a renewed motion seeking attorney's fees pursuant to the EAJA at that time, the motion must be filed within 14 days of the Supreme Court's decision. See order for details. Signed by Judge Patrick J. Schiltz on 8/25/2026. (CRD) (Entered: 08/25/2026)
Parties
Moua
Party
Noem
Party