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)