Luis E.V.V. v. Lyons

Background

Luis E.V.V., a citizen of Ecuador and a resident of Minneapolis, had lived in the United States since August 2023. He entered without inspection on August 9, 2023, was released on recognizance the next day, and was placed in removal proceedings. He submitted an asylum application on September 19, 2025.

Immigration and Customs Enforcement agents arrested Luis E.V.V. on January 30, 2026. He was detained at Fort Snelling in Minnesota. He filed a petition for a writ of habeas corpus, a court action challenging unlawful detention, arguing that his detention under 8 U.S.C. § 1225(b)(2) violated the Fifth Amendment’s Due Process Clause and the Immigration and Nationality Act. He requested immediate release or, alternatively, a bond hearing under 8 U.S.C. § 1226.

Court’s Analysis

The court explained that federal law allows courts to provide relief when a person is detained in violation of the Constitution or federal law, including in immigration-detention cases. The respondents filed a form response asserting that Luis E.V.V. was subject to mandatory detention under § 1225(b)(2)(A) and referring the court to arguments in a pending Eighth Circuit case.

The court rejected the respondents’ interpretation of § 1225. That statute applies to “applicants for admission,” including noncitizens who are present in the United States but have not been admitted or who are arriving in the United States. The court concluded that Luis E.V.V. was not an arriving noncitizen because he had been in the United States for more than two years.

The court held that § 1226(a), rather than § 1225(b)(2), governed his detention. Section 1226(a) provides discretionary bond procedures for certain noncitizens in removal proceedings. The court also stated that a person detained under § 1226(a) must have been served an arrest warrant before detention. The respondents provided no evidence of a warrant and did not provide documents explaining the legal basis for the detention after the court gave them an opportunity to do so. The court therefore concluded that Luis E.V.V. had been arrested without a warrant.

Order and Disposition

The court granted Luis E.V.V.’s petition and declared his current detention unlawful under the Constitution and federal law. It ordered the respondents to release him immediately and to provide a status update confirming his release within three days.

The release was ordered to occur in Minnesota, with his personal documents and belongings, without ankle monitors or other tracking devices, and with the clothing he was wearing or appropriate winter clothing. The respondents also were ordered to give his counsel reasonable advance notice so counsel could arrange a safe release.

The court enjoined the respondents from re-detaining Luis E.V.V. under the same statutory theory unless materially changed circumstances existed. The order also allowed Luis E.V.V. to seek attorneys’ fees and costs within 30 days after final judgment.