District of Minnesota • 0:26-cv-04342

Saltos Velasquez v. Shea

Completed

Case Information

Filed: October 08, 2026
Assigned to: Jeffrey M. Bryan
Referred to: Leo I. Brisbois
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: October 17, 2026
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 09, 2026
Emergency PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-13338021) filed by Milton Zenon SALTOS VELASQUEZ. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Mostaghimi, Sherene) (Entered: 10/09/2026)
Main Document: Emergency PETITION
#2
Oct 09, 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 Leo I. Brisbois. Please use case number 26-cv-4342 (JMB/LIB).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP) (Entered: 10/09/2026)
#3
Oct 09, 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 14, 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 10/9/2026.(LC1) (Entered: 10/09/2026)
#4
Oct 09, 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 14, 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 14, 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 10/9/2026.(LC1) (Entered: 10/09/2026)
Oct 09, 2026
Order/Notice to Attorney
Oct 09, 2026
Briefing Order
#5
Oct 10, 2026
NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella. (Berry, Carl) (Entered: 10/10/2026)
Main Document: NOTICE
#6
Oct 14, 2026
RESPONSE to Petition for Writ of Habeas Corpus filed by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella. (Berry, Carl) (Entered: 10/14/2026)
Main Document: RESPONSE
#7
Oct 14, 2026
DECLARATION of Randy Langworthy re 6 Response to Habeas Petition by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Attachments: # 1 Exhibit A - Form I-213, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Form I-200)(Berry, Carl) (Entered: 10/14/2026)
Main Document: DECLARATION
#8
Oct 15, 2026
(Text-Only) ORDER: On or before 11:00 a.m. on October 16, 2026, Respondents shall provide the Court with any and all prior orders of release or supervision that have ever been issued to Petitioner (as previously ordered 3 ). If no such orders were issued from September 1, 2023 to November 30, 2023, then Respondents must submit a declaration pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge that states that no such orders exist and that also provides an explanation for the decision to release Petitioner from detention after entering the United States in September 2023. Ordered by Judge Jeffrey M. Bryan on 10/15/2026.(CRD) (Entered: 10/15/2026)
#9
Oct 15, 2026
NOTICE by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella re 8 Order to Party File Document/Respond to Court,, (Berry, Carl) (Entered: 10/15/2026)
Main Document: NOTICE
#10
Oct 15, 2026
DECLARATION of Zachary L. Knutson Rivers re 9 Notice (Other), 8 Order to Party File Document/Respond to Court,, by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Attachments: # 1 Exhibit A - 2023 Humanitarian Parole)(Berry, Carl) (Entered: 10/15/2026)
Main Document: DECLARATION
Oct 15, 2026
Order for Party to File Document/Respond to Court
#11
Oct 17, 2026
MEMORANDUM AND OPINION: the Petition (Doc. No. 1 ) is GRANTED as follows: 1. Respondents are ORDERED to release Petitioner Milton S. immediately and in any event no later than 4:00 p.m. CT on October 19, 2026. 2. On or before 11:00 a.m. CT on October 20, 2026, counsel for Respondents shall file a letter affirming that they have released Petitioner Milton S. 3. On or before 11:00 a.m. CT on October 20, 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. 4. Petitioner Milton S. 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). 5. To the extent Petitioner Milton S. seeks additional relief, the Petition is DENIED. (Written Opinion) Signed by Judge Jeffrey M. Bryan on 10/17/2026. (CRD) (Entered: 10/17/2026)
Main Document: Memorandum & Opinion
#12
Oct 19, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 10/19/2026)
Main Document: Judgment (Clerk's Office Only)
#13
Oct 19, 2026
Emergency MOTION to Enforce Judgment filed by Milton Zenon Saltos Velasquez. (Mostaghimi, Sherene) (Entered: 10/19/2026)
Main Document: Emergency MOTION
#14
Oct 19, 2026
(Text-Only) ORDER TO SHOW CAUSE AND GRANTING EMERGENCY MOTION TO ENFORCE JUDGMENT: Respondents failed to release Petitioner from custody on or before 4:00 p.m. on October 19, 2026, thereby violating the Court's October 16, 2026 Order 11 . Therefore, Petitioner's emergency motion is GRANTED and Respondents shall release Petitioner immediately (and without being subject to any conditions or restraints not shared by the public generally), but in any event no later than 6:00 p.m. on October 19, 2026. At least thirty minutes before release, Respondents' counsel shall contact Petitioner's counsel, Sherene Mostaghimi at 612-248-1707, 612-373-0007, and/or other phone number provided by Petitioner's counsel to Respondents' counsel. On or before October 20, 2026 at 11:00 a.m. CT., Respondents are ORDERED to file a declaration pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge confirming that Petitioner was released without conditions and attaching documentation of that fact. See Jones v. Cunningham, 371 U.S. 236, 240 (1963) (advising that, in the habeas context, a person is in custody when that person is subject to restraints not shared by the public generally); U.S. ex rel. Bailey v. U.S. Commanding Officer of Off. of Provost Marshal, U.S. Army, 496 F.2d 324, 325 (1st Cir. 1974) (listing cases where habeas relief is available to a person who is not physically detained, but whose freedom of movement lay within the discretion of the government, such as when a petitioner is on parole, awaiting trial on bail, or on military reserve status (citations omitted); Campbell v. Almodovar, No. 25-CV-9509 (JLR/BCM), 2025 WL 3626099, at *1 (S.D.N.Y. Dec. 15, 2025) (concluding that any form of re-detentionincluding electronic monitoring and mandatory reportingviolates Petitioner's due process rights); Orellana Juarez v. Moniz, 788 F. Supp. 3d 61, 6768 (D. Mass. 2025) (concluding that a person is in custody for purposes of habeas relief when that person is subject to regular reporting and electronic home monitoring, among other conditions); see also United States v. Marr, 176 F.4th 1065, 10701071 (8th Cir. 2026) (quoting United States v. Vinton, 631 F.3d 476, 481 (8th Cir. 2011) (the custody inquiry turns on whether, given the totality of the circumstances, a reasonable person would have felt at liberty to... leave or cause the agents to leave.); United States v. Griffin, 922 F.2d 1343, 1349 (8th Cir. 1990) (concluding that a person is not in custody if, among other factors, the person was free to leave, possessed unrestrained freedom of movement, and was placed under arrest at the conclusion of the encounter)). The Court will consider imposition of civil and criminal contempt, sanctions, disciplinary referrals for counsel, and any other measures within the Court's authority to address any future noncompliance with this Order. Signed by Judge Jeffrey M. Bryan on 10/19/2026. (CRD) (Entered: 10/19/2026)
#15
Oct 19, 2026
NOTICE of Appearance by David R. Hackworthy on behalf of Todd Blanche, Markwayne Mullin, Ryan Shea, David Venturella. (Hackworthy, David) (Entered: 10/19/2026)
Main Document: NOTICE
#16
Oct 19, 2026
LETTER TO DISTRICT JUDGE by Todd Blanche, Markwayne Mullin, Ryan Shea, David Venturella . (Hackworthy, David) (Entered: 10/19/2026)
Main Document: LETTER
Oct 19, 2026
Order on Motion to Enforce Judgment
#17
Oct 20, 2026
LETTER TO DISTRICT JUDGE by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Berry, Carl) (Entered: 10/20/2026)
Main Document: LETTER
#18
Oct 20, 2026
DECLARATION of Dylan A. Shimota re 17 Letter to District Judge by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Attachments: # 1 Exhibit A - Release Documents)(Berry, Carl) (Entered: 10/20/2026)
Main Document: DECLARATION
#19
Oct 20, 2026
LETTER TO DISTRICT JUDGE by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella second letter of release. (Berry, Carl) (Entered: 10/20/2026)
Main Document: LETTER
#20
Oct 20, 2026
DOCUMENT FILED IN ERROR. Second DECLARATION of Levi T. Schultz re 19 Letter to District Judge by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Attachments: # 1 Exhibit A - Release Documents)(Berry, Carl) Modified text on 10/20/2026 (MMG). (Entered: 10/20/2026)
Main Document: DOCUMENT
#21
Oct 20, 2026
Corrected DECLARATION of Dylan A. Shimota re 18 Declaration, 17 Letter to District Judge by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella . (Attachments: # 1 Exhibit A - Released Documents)(Berry, Carl) (Entered: 10/20/2026)
Main Document: Corrected
#22
Oct 20, 2026
NOTICE by Milton Zenon Saltos Velasquez Non-Compliance Re Property (Attachments: # 1 Exhibit(s) 1)(Mostaghimi, Sherene) (Entered: 10/20/2026)
Main Document: NOTICE
#23
Oct 20, 2026
LETTER TO DISTRICT JUDGE by Todd Blanche, Markwayne Mullin, Ryan Shea, David Venturella . (Hackworthy, David) (Entered: 10/20/2026)
Main Document: LETTER
#24
Oct 21, 2026
STATUS REPORT by Todd Blanche, Markwayne Mullin, Sam Olson, David Venturella. (Berry, Carl) (Entered: 10/21/2026)
Main Document: STATUS