Thao v. Noem

Background

Chou Thao, the petitioner, filed a Verified Petition for Writ of Habeas Corpus — a legal request challenging the lawfulness of his detention — against Kristi Noem in her official capacity as Secretary of Homeland Security, Todd Lyons in his official capacity as Director of U.S. Immigration and Customs Enforcement (ICE), and David Easterwood in his official capacity as Field Office Director of the ICE St. Paul Field Office.

Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation (R&R) on February 20, 2026 (ECF No. 8/12), recommending that the petition be granted. No party — neither Thao nor any of the government respondents — filed objections to the R&R.

Standard of Review

Because no party objected, the district court reviewed the R&R for clear error only, as required by Federal Rule of Civil Procedure 72(b) and Eighth Circuit precedent. Finding no clear error, the court adopted the R&R in full.

Holding and Relief Ordered

The court granted Thao's habeas corpus petition and ordered the following specific relief:

1. Immediate release: If Thao is detained in Minnesota, respondents must release him within 24 hours of the order. If detained outside Minnesota, respondents must transport him to Minnesota and release him within 48 hours.

2. Humane release conditions: Given dangerous cold weather in Minnesota, respondents must coordinate with Thao's counsel to ensure he is not left outside in the cold, and release to counsel is preferred.

3. Return of personal effects: Thao must be released with all personal effects, including his driver's license, passports, and immigration documents, and those documents must not be clipped, defaced, or otherwise altered.

4. No new conditions: Respondents are enjoined (legally prohibited) from imposing any conditions on Thao's release beyond those already in his existing Order of Supervision.

5. Re-detention limits: Respondents are enjoined from re-detaining Thao unless and until they fully comply with the procedural requirements of 8 C.F.R. § 241.13(l)(3) — a federal regulation governing the process ICE must follow before re-detaining someone in this posture. If respondents believe they are prepared to comply, they must contact Thao's counsel to schedule the required interview, and Thao must attend.

6. Court reporting requirement: If Thao is re-detained after completing the required process, respondents must file a status update with the court within 24 hours, identifying the approximate time of any removal, though the exact date and time of a removal flight need not be disclosed.

7. Attorney's fees: Thao is permitted to file a separate motion within 30 days of final judgment to recover attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), which allows prevailing parties in certain suits against the federal government to recover fees.

8. Compliance confirmation: The parties must confirm to the court within three days that Thao has been released as required.

Notes on the Opinion

The opinion does not explain the underlying merits of the habeas petition in any detail, as the district court deferred entirely to the Magistrate Judge's R&R, which is not reproduced here. The legal basis for granting release (e.g., whether detention was unlawful under a specific statute, constitutional provision, or regulatory framework) is not set forth in this adopting order.