District of Minnesota • 0:26-cv-04266

#1

Oct 02, 2026

PETITION for Writ of Habeas Corpus filed by Wilber Fernando Aguilera-Alvarez. No summons requested. Case assigned to Judge Jeffrey M. Bryan per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Douglas L. Micko. (Attachments: # 1 Envelope) (CLK) Document QC'd on 10/9/2026 (MKB). (Entered: 10/02/2026)

#4

Oct 02, 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 October 6, 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; (4) any and all prior orders of release or supervision that have ever been issued to Petitioner; and (5) any and all orders revoking prior orders of release or supervision. Ordered by Judge Jeffrey M. Bryan on 10/2/2026. (CRD) (Entered: 10/02/2026)

#5

Oct 02, 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 October 6, 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 October 6, 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 10/2/2026. (CRD) (Entered: 10/02/2026)

Oct 02, 2026

Order/Notice to Attorney

Oct 02, 2026

Briefing Order

#6

Oct 05, 2026

NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella. (Berry, Carl) (Entered: 10/05/2026)

#7

Oct 06, 2026

REQUEST FOR ENTRY OF AN ORDER FOR RELEASE by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella. (Berry, Carl) (Entered: 10/06/2026)

#8

Oct 06, 2026

PROPOSED ORDER TO JUDGE re 7 Request (non-motion). (Berry, Carl) (Entered: 10/06/2026)

#9

Oct 06, 2026

CERTIFICATE OF SERVICE by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella re 7 Request (non-motion), 8 Proposed Order to Judge - Other (Berry, Carl) (Entered: 10/06/2026)

#10

Oct 07, 2026

MEMORANDUM AND OPINION: The Petition (Doc. No. 1 ) is GRANTED as follows: 1. Respondents are ORDERED to release Petitioner Wilbur F. immediately, without conditions, and in any event no later than 4:00 p.m. CT on October 8, 2026. 2. Respondents detained Wilbur F. pursuant to 8 U.S.C. § 1226(a), and the provisions of this section apply to Wilbur F. 3. The provisions of 8 U.S.C. § 1226(c) do not apply to Wilbur F. 4. Wilbur F.'s continued detention violates the Due Process Clause of the United States Constitution. 5. On or before 11:00 a.m. CT on October 9, 2026, counsel for Respondents shall file a letter affirming that they have released Wilbur F. 6. On or before 11:00 a.m. CT on October 9, 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. 7. Wilbur F.'s request for a Temporary Restraining Order (Doc. No. 2 ) is DENIED as moot. Signed by Judge Jeffrey M. Bryan on 10/7/2026. (CRD) (Entered: 10/07/2026)

#11

Oct 07, 2026

JUDGMENT (Attachments: # 1 Civil Notice - appeal, # 2 Appeal Packet)(ACH) (Entered: 10/07/2026)

#12

Oct 09, 2026

LETTER TO DISTRICT JUDGE by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella . (Berry, Carl) (Entered: 10/09/2026)

#13

Oct 09, 2026

DECLARATION of Christopher Weise re 12 Letter to District Judge by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella . (Attachments: # 1 Exhibit A - Form I-216, # 2 Exhibit B - Form I-77, # 3 Exhibit C - Return of Money, # 4 Exhibit D - Property Returned)(Berry, Carl) Document QC'd on 10/9/2026 (MKB). (Entered: 10/09/2026)