Abdiselan A.A. v. Bondi

Background

Abdiselan A.A. filed a petition for a writ of habeas corpus, a court request challenging unlawful detention, on January 15, 2026. He alleged that U.S. Immigration and Customs Enforcement officers arrested him in Minnesota on January 14 and unlawfully detained him. He later stated that ICE transferred him to a detention facility in El Paso, Texas, and asked for an immediate return to Minnesota and release from detention.

Respondents’ Motion

The respondents filed a consent motion to dismiss or transfer. They argued that the proper venue was the U.S. District Court for the Western District of Texas because Abdiselan A.A. arrived at the El Paso facility before his petition was filed. The motion stated that the parties agreed that transfer under 28 U.S.C. § 1406(a) was warranted in the interest of justice.

Court’s Analysis

The court explained that, ordinarily, a person challenging present physical custody under 28 U.S.C. § 2241 should name the custodian and file the petition in the district where the person is confined. These rules concern the proper court and the court’s authority over the custodian, rather than subject-matter jurisdiction in the strict sense.

The court also recognized an exception for situations in which the government does not provide timely information about the custodian or the place of detention. In such circumstances, the district from which the person was moved may be a proper forum. The court found that Minnesota was a proper forum when counsel filed the petition because Abdiselan A.A. was arrested there and moved across the country within a short period. The court stated that it was unclear whether counsel could have known about the transfer or its destination while preparing the petition, or whether the respondents had informed Abdiselan A.A. of the transfer or allowed him to communicate that information to counsel.

The court concluded that it had authority to hear the case when the petition was filed and retained that authority. It did not decide whether the detention was lawful or whether Abdiselan A.A. was entitled to release.

Disposition and Required Filings

The court DENIED the respondents’ Motion to Dismiss or Transfer. It directed the respondents to file an answer by 5:00 p.m. on January 23, 2026. The answer must address the cause and proper duration of the detention, include materials supporting its lawfulness, state whether an arrest warrant exists, and explain the respondents’ legal position on the petition’s claims.

Abdiselan A.A. was required to notify the court within 24 hours after the answer whether he intended to reply and whether later court orders should be filed under seal while he sought redactions. If he intended to reply, the deadline was 5:00 p.m. on January 24, 2026. Judge John R. Tunheim signed the order.