Ge Y. v. Noem
Ge Y. v. Kristi Noem, Secretary, Department of Homeland Security; Todd M. Lyons, Acting Director, Immigration and Customs Enforcement; and David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement
- Katherine Menendez
- 0:26-cv-01700
- U.S. District Court · District of Minnesota
- 2
Counsel of record per CourtListener. Firm names are approximate.
In Ge Y. v. Noem, Judge Menendez ordered the immediate release of immigration detainee Ge Y. after adopting a magistrate's recommendation that his detention was unlawful.
Immigration detainees who challenge the lawfulness of their detention in federal court, particularly those held by Immigration and Customs Enforcement; also government officials responsible for immigration detention in the St. Paul, Minnesota area.
What happened
In Ge Y. v. Kristi Noem et al. (No. 26-cv-1700), a federal court in Minnesota considered whether the government was lawfully holding an immigration detainee named Ge Y. Mr. Y. filed a petition asking the court to order his release — a legal request that challenges the lawfulness of a person's detention — arguing that his continued detention violated his legal rights. A magistrate judge (a lower-level federal judicial officer) had already reviewed the case and recommended that Mr. Y. be released immediately.
The government officials named as respondents — including the Secretary of the Department of Homeland Security and officials from Immigration and Customs Enforcement — were given a shortened window to object to the magistrate's recommendation, given that Mr. Y.'s freedom was at stake. They did not file any objection within the time allowed or in the additional days that followed.
Judge Katherine M. Menendez reviewed the magistrate's recommendation for clear error — a standard that looks only for obvious mistakes — found none, and adopted it in full. Judge Menendez ordered the government to immediately release Ge Y. in Minnesota under no conditions beyond those set in his January 14, 2013 Order of Supervision, return all personal belongings seized at the time of his arrest including his identification and immigration documents, and confirm his release within 48 hours of the order.
The detailed version
- Ge Y. v. Noem · No. 0:26-cv-01700
- Katherine Menendez
- Mar. 23, 2026
Background
Petitioner Ge Y. filed a petition for a writ of habeas corpus — a legal mechanism used to challenge the lawfulness of a person's detention — against Kristi Noem (Secretary of the Department of Homeland Security), Todd M. Lyons (Acting Director of Immigration and Customs Enforcement, or ICE), and David Easterwood (Acting Director of the St. Paul Field Office of ICE). The case was filed in the United States District Court for the District of Minnesota.
Magistrate Judge's Report and Recommendation
On March 17, 2026, United States Magistrate Judge Leo I. Brisbois issued a Report and Recommendation (R&R) concluding that Ge Y.'s petition should be granted. Because the case directly implicated Mr. Y.'s liberty interests, Magistrate Judge Brisbois shortened the standard 14-day objection period, giving the government less time than usual to respond.
Government's Non-Objection
The respondents — the government officials named in the petition — did not file any objections to the R&R within the shortened time period provided, nor during the additional days that followed before the district court issued its ruling.
Standard of Review
Because no party objected to the R&R, Judge Menendez reviewed it under the clear error standard. Under this standard, a district court will set aside a magistrate's recommendation only if it contains an obvious mistake. The court cited Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021), and the Eighth Circuit's decision in Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996).
Ruling
Judge Menendez found no clear error in the R&R and adopted it in full. The court granted Ge Y.'s habeas petition and entered the following orders:
- Immediate release — Respondents are ordered to immediately release Ge Y. in Minnesota, and may not impose conditions beyond those specifically set forth in his January 14, 2013 Order of Supervision.
- Return of personal effects — Respondents must return all personal belongings seized during Mr. Y.'s arrest, including but not limited to his identification documents and immigration documentation.
- Confirmation of release — Respondents must confirm that Mr. Y. has been released from custody in Minnesota within 48 hours of the order.
The court directed that judgment be entered accordingly.
Note on the Underlying Analysis
The order itself is brief and incorporates by reference the legal analysis contained in Magistrate Judge Brisbois's R&R, which is not reproduced in the text of this opinion. The specific legal basis for granting the habeas petition is set forth in the R&R rather than in the district court's order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.