District of Minnesota • 0:26-cv-04609

#1

Oct 25, 2026

PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-13375478) filed by William Virgil Lizardo. Filer requests summons issued. (Attachments: # 1 Exhibits A-P2, # 2 Exhibit(s), # 3 Exhibit: Declaration, # 4 Civil Cover Sheet) (Morales, Stephanie) Modified text on 10/26/2026 (kt). (Entered: 10/25/2026)

#2

Oct 25, 2026

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by William Virgil Lizardo. (Morales, Stephanie) (Entered: 10/25/2026)

#3

Oct 25, 2026

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by William Virgil Lizardo. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Morales, Stephanie) (Entered: 10/25/2026)

#4

Oct 25, 2026

EXHIBIT A re 2 MOTION for Temporary Restraining Order - Expedited Handling Requested, 3 Memorandum in Support of Motion, filed by William Virgil Lizardo.(Morales, Stephanie) (Entered: 10/25/2026)

#5

Oct 25, 2026

PROPOSED ORDER TO JUDGE re 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by William Virgil Lizardo.(Morales, Stephanie) (Entered: 10/25/2026)

#6

Oct 25, 2026

MOTION for Admission Pro Hac Vice for Attorney Hassan M. Ahmad. Filing fee $ 150, receipt number AMNDC-13375498 filed by William Virgil Lizardo. (Morales, Stephanie) (Entered: 10/25/2026)

#7

Oct 25, 2026

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per 3rd, 4th - Prisoner: Alien Detainee Habeas list, referred to Magistrate Judge Douglas L. Micko. (KMF) (Entered: 10/25/2026)

#8

Oct 26, 2026

ORDER granting 2 Motion for TRO IT IS HEREBY ORDERED THAT Petitioner's Motion for a Temporary Restraining Order [Doc. 2] is GRANTED as follows: 1. Respondents are directed to file an answer to the petition for a writ of habeas corpus of Petitioner by no later than 12:00 noon Central Time, October 28, 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. 2. Respondents answer should include: a. Such unredacted affidavits and exhibits as are needed to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition, including time, date, and identifying information of officers related to Petitioner's arrest and detention. These documents may be filed under seal, if Respondents feel it is necessary; b. A reasoned memorandum of law and fact explaining respondents' legal position on Petitioners claims; c. Respondents recommendation on whether an evidentiary hearing should be conducted; and d. Respondents shall state whether any official identified in 8 C.F.R. § 212.5(a) has made the determination described in 8 C.F.R. § 212.5(e)(2)(i) with respect to Petitioner, and if so, when, by whom, and on what basis, and shall attach any written record of that determination. 3. If Petitioner intends to file a reply to Respondents answer, Petitioner must do so by no later than 12:00 noon Central Time October 30, 2026. Thereafter, no further submissions from either party will be permitted, except as authorized by Court order. IT IS FURTHER ORDERED THAT: 4. Petitioner was apprehended within the District of Minnesota by federal officers and immediately placed into federal custody. The habeas petition challenges the legality of that seizure and detention. a. This Court finds that its habeas jurisdiction attached at the time of Petitioners arrest in this District. b. That jurisdiction is not defeated by any subsequent decision by Respondents to transfer Petitioner to another state. c. Habeas jurisdiction turns on custody and control, not on the Governments unilateral post-seizure movement of the detainee. d. The position that jurisdiction lies exclusively in the district to which Respondents transfer a petitioner would permit the Government to determine the forum for judicial review through its own logistics. Federal courts may not be divested of jurisdiction in that manner. 5. Respondents are enjoined from removing Petitioner from the District of Minnesota until a final decision is made on the habeas petition. 6. Respondents are enjoined from removing Petitioner from the United States, or take any step to execute the March 26, 2026 order of removal entered in absentia by the Sterling, Virginia Immigration Court, pending further order of this Court. 7. If Petitioner has already been removed from Minnesota, Respondents are ordered to immediately return Petitioner to Minnesota and to the Sherburn County Jail. 8. In the event of an unforeseen circumstance or contingency, and with 72 hours notice, Respondents may apply to the Court for permission to move Petitioner. 9. This Order takes effect immediately upon entry and shall remain in effect for fourteen (14) days or until further order of the Court, whichever is earlier, unless extended for good cause. Fed. R. Civ. P. 65(b)(2). Signed by Judge Michael J. Davis on 10/25/2026. (LC1) (Entered: 10/26/2026)

#9

Oct 26, 2026

(Text-Only) CLERK'S NOTICE OF CORRECTED INITIAL CASE ASSIGNMENT to add Magistrate Judge Douglas L. Micko. NOTE: the new case number is 26-cv-4609 MJD/DLM. Please use this case number for all subsequent pleadings. (kt) (Entered: 10/26/2026)

#10

Oct 26, 2026

NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella. (Berry, Carl) (Entered: 10/26/2026)

#11

Oct 28, 2026

RESPONSE by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella re 1 Petition for Writ of Habeas Corpus, 8 Order on Motion for TRO,,,,,,,,,,,,, . (Berry, Carl) (Entered: 10/28/2026)

#12

Oct 28, 2026

DECLARATION of James Vandervaart re 11 Response by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella . (Attachments: # 1 Exhibit A - Form I-213, # 2 Exhibit B - USCIS Denial, # 3 Exhibit C - Notice to Appear, # 4 Exhibit D - Removal Order, # 5 Exhibit E - Form I-205, # 6 Exhibit F - Rejection Notice)(Berry, Carl) (Entered: 10/28/2026)

#13

Oct 29, 2026

(Text-Only) ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Hassan M. Ahmad for William Virgil Lizardo. Approved by Magistrate Judge Douglas L. Micko on 10/29/2026. (CNO) (Entered: 10/29/2026)

#14

Oct 29, 2026

RESPONSE re 11 Response to Petition for Writ of Habeas Corpus filed by William Virgil Lizardo. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Exhibit(s) IJ Order Reopening Case, # 3 Exhibit(s) New Support Letters, # 4 Exhibit(s) Prior Support Letters)(Ahmad, Hassan) (Entered: 10/29/2026)

Oct 29, 2026

Order on Motion for Admission Pro Hac Vice

#15

Oct 30, 2026

MOTION to Dismiss/General filed by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella. (Berry, Carl) (Entered: 10/30/2026)

#16

Oct 30, 2026

MEMORANDUM in Support re 15 MOTION to Dismiss/General filed by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella.(Berry, Carl) (Entered: 10/30/2026)

#17

Oct 30, 2026

LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella re 16 Memorandum in Support of Motion filed by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella.(Berry, Carl) (Entered: 10/30/2026)

#18

Oct 30, 2026

MEET and CONFER STATEMENT re 15 Motion to Dismiss/General filed by Todd Blanche, David B. Easterwood, Markwayne Mullin, David J. Venturella.(Berry, Carl) (Entered: 10/30/2026)

#19

Oct 30, 2026

PROPOSED ORDER TO JUDGE re 15 MOTION to Dismiss/General filed by Todd Blanche, David B. Easterwood, William Virgil Lizardo, David J. Venturella.(Berry, Carl) (Entered: 10/30/2026)

#20

Oct 30, 2026

NOTICE OF HEARING ON MOTION: 15 MOTION to Dismiss/General . Date and time to be determined. (Berry, Carl) (Entered: 10/30/2026)

#21

Oct 31, 2026

ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re 15 MOTION to Dismiss/General. IT IS HEREBY ORDERED that Petitioner must respond to Respondents' motion to dismiss and allegations that he is now being detained pursuant to 8 U.S.C. § 1225(b) [Docs. 15, 16] no later than November 1, 2026 at 12:00 noon Central STANDARD time. Signed by Judge Michael J. Davis on 10/31/2026.(LC1) (Entered: 10/31/2026)

#22

Nov 01, 2026

MEMORANDUM in Opposition re 15 MOTION to Dismiss/General filed by William Virgil Lizardo. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Exhibit(s) FRCP 15d Supplemental Petition, # 3 Exhibit(s) Additional Support Letters)(Ahmad, Hassan) (Entered: 11/01/2026)

#23

Nov 01, 2026

ERRATA to 22 Memorandum in Opposition to Motion, Attaching Proposed Order by William Virgil Lizardo. (Attachments: # 1 Exhibit(s) Proposed Order)(Ahmad, Hassan) (Entered: 11/01/2026)

#24

Nov 01, 2026

ORDER denying 15 Motion to Dismiss/General. Based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that Petitioner's Petition for Writ of Habeas Corpus [Doc. 1] is GRANTED as follows: 1. Respondents are ordered to arrange for the immediate release of Petitioner into Minnesota at a safe time and in a safe place that is communicated at least one (1) hour in advance to Petitioner's counsel, but in no instance shall Petitioner remain detained after 6:00 p.m. Central Standard time today, November 1, 2026; 2.Respondents are ordered to immediately return all Petitioner's personal items that were taken from him when he was detained in substantially the same condition as when the items were taken during his arrest; 3.Petitioner shall be released on his own recognizance; 4.Respondents, and all persons acting in concert with them, shall not re-detain, transfer, or remove Petitioner from the United States, on any theory, without first filing a motion for leave in this Court, served on Petitioner's counsel, identifying the statutory authority invoked, the custody determination made and by whom, and any materially changed circumstances. No re-detention shall occur before the Court rules on such a motion. Respondents shall bear the burden on any such motion of establishing by clear and convincing evidence that no condition or combination of conditions will reasonably assure Petitioner's appearance and the safety of the community; 5.Respondents are ordered to confirm with the Court Petitioner's release from custody within twenty four (24) hours from the date of this Order; 6. Respondents' Motion to Dismiss [Doc. 15] is denied with prejudice;7. The Court retains jurisdiction over this matter to enforce this Order; and 8. Any motion for attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412, shall be filed within thirty (30) days of entry of judgment.LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 11/1/2026. (LC1) (Entered: 11/01/2026)

#25

Nov 02, 2026

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(kt) (Entered: 11/02/2026)

#26

Nov 04, 2026

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED that Petitioner William L.'s Petition for Writ of Habeas Corpus 1 is DISMISSED without prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 11/4/2026.(CRD) Modified text on 11/4/2026 (CRD). (Entered: 11/04/2026)

#27

Nov 05, 2026

Judgment (Clerk's Office Only)