District of Minnesota • 0:26-cv-04565

De la Cruz Heredia v. Brott

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Case Information

Filed: October 21, 2026
Assigned to: Jeffrey M. Bryan
Referred to: Dulce J. Foster
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 21, 2026
PETITION for Writ of Habeas Corpus filed by Genis Jeremias De la Cruz Heredia. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Molliver, Danielle) (Entered: 10/21/2026)
Main Document: PETITION
#2
Oct 21, 2026
MOTION for Order to Show Cause filed by Genis Jeremias De la Cruz Heredia. (Molliver, Danielle) (Entered: 10/21/2026)
Main Document: MOTION
#3
Oct 21, 2026
MOTION for Temporary Restraining Order and Preliminary Injuction - Expedited Handling Requested filed by Genis Jeremias De la Cruz Heredia. (Molliver, Danielle) Modified text on 10/21/2026 (MMP). (Entered: 10/21/2026)
Main Document: MOTION
#4
Oct 21, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jeffrey M. Bryan per 3rd/4th Habeas Alien Detainee list, referred to Magistrate Judge Dulce J. Foster. Please use case number 26-cv-4565 JMB/DJF.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (kt) (Entered: 10/21/2026)
#5
Oct 21, 2026
(Text-Only) ORDER: Respondents are ordered to file a response to all grounds for relief raised in the Petition for Writ of Habeas Corpus 1 on or before October 23, 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, a declaration pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge of the facts, and 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 Respondents complied with the Immigration and Naturalization Act and accompanying regulations when they took Petitioner into custody; and (4) any and all prior notices or orders of release or supervision that have ever been issued relating to Petitioner's detention or release, or, if none exist, then a statement to that effect accompanied by copies of all documents that exist regarding Petitioner in the Executive Office for Immigration Review Courts and Appeals System. Failure to follow this Order could impact the Court's determination of the Petition and result in other consequences, including sanctions and contempt of court. Ordered by Judge Jeffrey M. Bryan on 10/21/2026. (CRD) (Entered: 10/21/2026)
#6
Oct 21, 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 23, 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 23, 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 10/21/2026. (CRD) (Entered: 10/21/2026)
#7
Oct 21, 2026
NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, David Easterwood, Markwayne Mullen. (Berry, Carl) (Entered: 10/21/2026)
Main Document: NOTICE
Oct 21, 2026
Briefing Order
Oct 21, 2026
Order/Notice to Attorney
#10
Oct 26, 2026
MEMORANDUM AND OPINION: The Petition (Doc. No. 1 ) is GRANTED as follows: Respondents are ORDERED to release Petitioner Genis D. immediately, without conditions of release, and in any event no later than 4:00 p.m. CT on October 27, 2026. On o r before 11:00 a.m. CT on October 28, 2026, counsel for Respondents shall file a letter affirming that they have released Petitioner Genis D. On or before 11:00 a.m. CT on October 28, 2026, counsel for Respondents shall also file a declaration pu rsuant 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 th at 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 Genis D. may move separately within 30 days of final judgment in this act ion to recover attorneys fees and costs under the Equal Access to Justice Act, 20 U.S.C. § 2412(d). Genis D.'s motion for a Temporary Restraining Order and Preliminary Injunction (Doc. No. 3 ) is DENIED as moot. (Written Opinion) Signed by Judge Jeffrey M. Bryan on 10/26/2026. (CRD)
Main Document: Memorandum & Opinion
#11
Oct 27, 2026
Judgment (Clerk's Office Only)
Main Document: Judgment (Clerk's Office Only)

Parties

Brott
Party
De la Cruz Heredia
Party