Tah L. v. Donald J. Trump

Background

Tah L. filed a petition under 28 U.S.C. § 2241 challenging her detention and seeking immediate release. The opinion states that she is a citizen of Burma, also known as Myanmar, and that she, her husband, and their three children entered the United States as refugees on November 6, 2024. She later gave birth to a fourth child. After completing one year of physical presence in the United States, she filed an application to adjust her status to permanent resident on November 10, 2025. That application remained pending when she was arrested.

On January 10, 2026, Immigration and Customs Enforcement agents located and arrested Tah L. in Minnesota. The opinion states that the agents entered her apartment after entering the building through a propped-open door, demanded identification, and directed her to follow them outside. The record did not establish whether the agents had an arrest warrant or a judicial warrant to enter the apartment. The government said Tah L. was transferred to Houston, Texas, within hours because of a shortage of local detention beds. Her family and lawyer could not locate her through the detainee locator system before the petition was filed on January 11. The opinion states that she remained in United States Citizenship and Immigration Services custody in Texas as of January 19.

Motion to Transfer

The government argued that the case should be transferred to the United States District Court for the District of Texas under 28 U.S.C. § 1406(a), relying on the general rules that a person challenging present physical custody should name the immediate custodian and file in the district of confinement.

The court applied an exception for situations in which the government’s transfer or nondisclosure of a detainee’s location makes those rules impossible to follow. It found that Tah L.’s lawyer had acted diligently, filed within one day of the arrest, and had only the available information indicating that Tah L. was detained in Minnesota. The court therefore concluded that the petition was properly filed in Minnesota and recommended that the Respondents’ Motion to Transfer be DENIED.

Petition Challenging Detention

The court examined 8 U.S.C. § 1159(a), which permits a refugee who has been in the United States for at least one year and has not obtained permanent-resident status to be returned to the Department of Homeland Security’s custody for inspection and examination for admission as an immigrant. The court concluded that this provision permits custody serving those inspection-and-examination purposes, but does not authorize indefinite detention unrelated to them.

The court also noted that the applicable regulations require an adjustment application and related screening, and that an interview may be required case by case. It stated that the regulations do not require detention or prolonged custody. The court further cited a policy requiring immigration authorities generally to decide whether to release an unadjusted refugee or issue a notice of the charges initiating removal proceedings no later than 48 hours after arrest.

The court found that the government had not shown how Tah L.’s arrest and eight-day detention served the inspection-and-examination purpose of § 1159(a). It also found that the government had identified no other lawful basis for her continued detention. Because the court resolved the detention issue under the statute, it did not reach Tah L.’s other claims, including her constitutional due-process, Immigration and Nationality Act, Administrative Procedure Act, and agency-procedure claims.

Recommendation and Procedural Status

The Report and Recommendation recommends that the petition be GRANTED IN PART. Within seven days, the Respondents would be required to do one of the following: complete Tah L.’s inspection and examination while allowing access to counsel before and during the interview if requested; file a notice confirming completion, identifying the outcome, and stating whether they claim a specific lawful basis for continued detention; or immediately release Tah L. from custody in Minnesota and file a notice confirming the date, time, and location of release.

The document states that it is not an order or judgment of the district court and is not directly appealable to the Eighth Circuit. The parties could file written objections within two days of filing, with responses due within two days after service.