District of Minnesota • 0:26-cv-03889

#1

Sep 03, 2026

PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-13246502) filed by Pablo Hernandez Franco. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Heegaard, Joseph) (Entered: 09/03/2026)

#2

Sep 03, 2026

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jeffrey M. Bryan per 3rd/4th - Prisoner: Alien Detainee Habeas list, referred to Magistrate Judge Shannon G. Elkins. Please use case number 26-cv-3889 JMB/SGE.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMG) (Entered: 09/03/2026)

#3

Sep 04, 2026

(Text-Only) ORDER: Respondents are ordered to file a response to each count of the Petition for Writ of Habeas Corpus 1 on or before September 8, 2026, at 11:00 a.m. CT, certifying the true cause and proper duration of Petitioner's detention and showing cause as to why the writ should not be granted in this case. The response shall include a reasoned memorandum of law and fact as well as any supporting documentation relating to the lawfulness of Petitioner's arrest and/or continued confinement, including the following: (1) a statement concerning immigration court jurisdiction over Petitioner; (2) a statement concerning whether Petitioner is, or may be, a class member of any pending or certified immigration class action suit; (3) a statement concerning whether the absence of a warrant preceding Petitioner's arrest necessitates Petitioner's immediate release; and (4) any and all prior orders of release or supervision that have ever been issued to Petitioner. Ordered by Judge Jeffrey M. Bryan on 9/4/2026. (CRD) (Entered: 09/04/2026)

#4

Sep 04, 2026

(Text-Only) ORDER: The Court enters the following order to remain in place until further order of the Court or until the Court has issued a ruling on the pending Petition: (1) Respondents are prohibited from moving the Petitioner out of the District of Minnesota; (2) Respondents shall facilitate Petitioner's prompt access to counsel through private, in-person visitation or videoconference if possible (and through private telephone calls if video conferencing is not possible), to include providing Petitioner with contact information for counsel of record, permitting Petitioner to contact friends or relatives for the purpose of obtaining contact information for counsel, and the use of video conferencing equipment and software (or the use of a telephone if video conferencing is not possible); (3) Respondents shall preserve all personal belongings confiscated from Petitioner for prompt return to Petitioner upon release should the Court grant the Petition; (4) If any confiscated documentation is subject to retention by Respondents upon release, Respondents shall make certified copies of any and all such documentation; and (5) Should Respondents choose to release Petitioner rather than respond, Respondents shall release Petitioner in Minnesota, without conditions, and Respondents' counsel shall thereafter file a declaration within 24 hours of release stating when and where the Petitioner was released, attaching any and all documentation concerning the Petitioner's release, and affirming 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. In the event that Respondents have already transferred Petitioner out of the District of Minnesota, Respondents are ordered to return Petitioner to Minnesota as soon as possible and in any event, no later than September 8, 2026, at 11:00 a.m. CT. In addition, if Respondents have already transferred Petitioner out of the District of Minnesota, counsel for Respondents shall file a declaration on or before September 8, 2026 at 11:00 a.m. CT explaining the steps counsel has taken to ensure compliance with this Court's order that Respondents immediately return Petitioner to Minnesota. Violation of this order will result in consideration of any appropriate sanctions against the attorneys of record and the parties responsible for violating this order. Ordered by Judge Jeffrey M. Bryan on 9/4/2026. (CRD) (Entered: 09/04/2026)

#5

Sep 04, 2026

NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella. (Berry, Carl) (Entered: 09/04/2026)

Sep 04, 2026

Briefing Order

Sep 04, 2026

Order/Notice to Attorney

#6

Sep 08, 2026

MOTION for Extension of Time to File Response/Reply as to 3 Briefing Order,,,, 1 Petition for Writ of Habeas Corpus filed by Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella. (Berry, Carl) (Entered: 09/08/2026)

#7

Sep 08, 2026

(Text-Only) ORDER: Respondents' Motion for Extension of Time to File Response 6 is GRANTED. Respondents are ordered to file a response on or before September 9, 2026, at 11:00 a.m. CT, certifying the true cause and proper duration of Petitioner's detention and showing cause as to why the writ should not be granted in this case. Ordered by Judge Jeffrey M. Bryan on 9/8/2026. (CRD) (Entered: 09/08/2026)

#8

Sep 08, 2026

STATUS REPORT by Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella. (Berry, Carl) (Entered: 09/08/2026)

Sep 08, 2026

Order on Motion for Extension of Time to File Response/Reply

#9

Sep 09, 2026

NOTICE by Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella (Berry, Carl) (Entered: 09/09/2026)

#10

Sep 09, 2026

PROPOSED ORDER TO JUDGE re 9 Notice (Other). (Berry, Carl) (Entered: 09/09/2026)

#11

Sep 09, 2026

MEMORANDUM AND OPINION: The Petition (Doc. No. 1 ) is GRANTED as follows: Respondents are ORDERED to release Petitioner Pablo F. immediately, without conditions, and in any event no later than 4:00 p.m. CT on September 10, 2026. Respondents may not rely upon post-arrest proceedings or post hoc justifications to establish statutory detention authority that did not exist when Petitioner was taken into custody. Respondents lacked statutory authority to place Petitioner into civil immigration detention because they failed to satisfy the requirements of 8 U.S.C. §§ 1226(a) and 1357(a). Respondents failed to comply with the statutory and regulatory requirements governing immigration arrests, including 8 U.S.C. § 1357 and 8 C.F.R. §§ 236.1 and 287.3. Petitioner's continued detention violates the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment. On or before 11:00 a.m. CT on September 11, 2026, counsel for Respondents shall file a letter affirming that they have released Petitioner Pablo F. On or before 11:00 a.m. CT on September 11, 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. Petitioner Pablo F. 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). To the extent Petitioner Pablo F. seeks additional relief, the Petition is DENIED. Signed by Judge Jeffrey M. Bryan on 9/9/2026. (CRD) (Entered: 09/09/2026)

#12

Sep 10, 2026

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(kt) (Entered: 09/10/2026)

#13

Sep 11, 2026

LETTER TO DISTRICT JUDGE by Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella . (Berry, Carl) (Entered: 09/11/2026)

#14

Sep 11, 2026

DECLARATION of DEPORTATION OFFICER JONATHAN GONZALEZ re 13 Letter to District Judge by Todd Blanche, Marcos Charles, David Easterwood, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, David Venturella . (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C)(Berry, Carl) (Entered: 09/11/2026)

#15

Sep 14, 2026

MOTION to Enforce Judgment filed by Pablo Mauricio Hernandez Franco. (Heegaard, Joseph) (Entered: 09/14/2026)

#16

Sep 14, 2026

NOTICE OF HEARING ON MOTION: 15 MOTION to Enforce Judgment . Date and time to be determined. (Heegaard, Joseph) (Entered: 09/14/2026)

Sep 15, 2026

Order for Party to File Document/Respond to Court