District of Minnesota • 0:25-cv-03741

#1

Sep 23, 2025

Emergency PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12260802) filed by Joaquin Herrera Avila. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Wilson, David) (Entered: 09/23/2025)

#2

Sep 23, 2025

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Shannon G. Elkins. Please use case number 25-cv-3741 (JRT/SGE).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MKB) (Entered: 09/23/2025)

#3

Sep 24, 2025

Order for Party to File Document/Respond to Court

#14

Oct 21, 2025

MEMORANDUM OPINION AND ORDER on Petition for Writ of Habeas Corpus.1. Samuel Olson, Director, St. Paul Field Office Immigration and Customs Enforcement, is hereby JOINED as a Respondent, pursuant to Federal Rule of Civil Pro cedure 21.2. Petitioner Joaquin Herrera Avilas Verified Petition for Writ of Habeas Corpus 1 is GRANTED, as follows:a. Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and is instead s ubject to detention, if at all, pursuant to the discretionary provisions of 8 U.S.C. § 1226(a);b. Respondents shall provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a) within 7 days of the date of this Orde r in which the parties will be allowed to present evidence and argument about whether Petitioner is a danger to the community and presents a flight risk if not detained;c. If Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention; andd. Within ten days of the date of this Order, the parties shall provide the Court with a status update concerning the results of any bond he aring conducted pursuant to this Order, or if no bond hearing was held, advise the Court regarding Petitioner's release. Further, the parties shall advise the Court whether any additional proceedings in this matter are required and submit any p roposals for the scope of further litigation.3. Respondents are ENJOINED from removing, transferring, or otherwise facilitating the removal of Petitioner from the District of Minnesota before the ordered bond hearing. If the immigr ation judge determines that the Petitioner is subject to the detention under 8 U.S.C. § 1226(a), Respondents may request permission from the Court to move Petitioner if unforeseen or emergency circumstances arise, which require Petitioner to be removed from the District. Any such request must include an explanation for the request as well as a proposed destination. The Court will then determine whether to grant the request and permit transfer of Petitioner.4. Petitioners Motion fo r Temporary Restraining Order 4 is DENIED as moot.5. Within 3 days of the date of this Order, the parties shall file any requests for redaction. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion) Signed by Judge John R. Tunheim on 10/21/2025. (KKM)

#15

Oct 22, 2025

Judgment (Clerk's Office Only)

#18

Nov 07, 2025

NOTICE OF APPEAL TO 8TH CIRCUIT as to 15 Judgment, 14 Order on Motion for TRO,,,,,,,,,, by Peter Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson, Sirce Owen. (Voss, Ana) (Entered: 11/07/2025)

#19

Nov 07, 2025

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 18 . (ACH) (Entered: 11/07/2025)