Summary
The United States District Court for the District of Minnesota granted Estephanny P.’s verified petition for a writ of habeas corpus challenging her detention by federal immigration authorities. The court ordered Respondents to release her immediately, and no later than 48 hours after entry of the order, after concluding that the Government had not responded to her arguments concerning her refugee status.
Topics
Practice areas
Questions Presented
- Whether the respondents waived any challenge to petitioner's arguments that her refugee status entitled her to release by failing to address those arguments.
- Whether petitioner was entitled to habeas relief and immediate release from immigration custody.
Holdings
- Respondents waived any challenge to petitioner's arguments concerning her refugee status because they did not respond to those arguments.
- The petition for a writ of habeas corpus was granted, and respondents were ordered to release petitioner from custody immediately and no later than 48 hours after entry of the order.
Key quotations
“Respondents did not respond to Estephanny’s arguments about her refugee status, see ECF No. 6, meaning Respondents waived any challenge to these arguments.”
“Respondents shall release Petitioner from custody immediately, but no later than within 48 hours of this Order’s entry.”
Factual background
Estephanny P. is a Venezuelan citizen who was admitted to the United States as a refugee on September 12, 2023. Immigration authorities detained her in Minnesota on January 12, 2026. She argued that her detention violated the Fifth Amendment, the Immigration and Nationality Act and its regulations, the Administrative Procedure Act, and the Accardi doctrine, and that her refugee status entitled her to immediate release. Respondents did not address the refugee-status arguments in their response.
Procedural history
Estephanny P., a Venezuelan citizen admitted to the United States as a refugee, filed a verified petition after being detained in Minnesota on January 12, 2026. Respondents filed a one-paragraph response addressing a bond-hearing theory and relying on arguments from Avila v. Bondi, but did not respond to Estephanny's arguments concerning her refugee status. The district court granted the petition and ordered her immediate release, no later than 48 hours after entry of the order.