Hernandez v. Bondi et al
| David Isaac Hernandez Hernandez |
| Pamela Bondi, Kristi Noem, Todd M. Lyons and David Easterwood |
| 0:2026cv01034 |
| February 4, 2026 |
| U.S. District Court for the District of Minnesota |
| Jeffrey M Bryan |
| Douglas L Micko |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. § 1105 (a) Aliens: Habeas Corpus to Release INS Det |
| None |
Docket Report
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This docket was last retrieved on March 9, 2026. A more recent docket listing may be available from PACER.
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| Filing 20 TRANSCRIPT of Contempt Hearing held on 3/3/2026 before Judge Jeffrey M. Bryan. (201 pages). Court Reporter: Nancy J. Meyer. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Statement of Redaction due 3/30/2026. Redacted Transcript Deadline set for 4/9/2026. Release of Transcript Restriction set for 6/8/2026. (njm) |
| Filing 19 DOCUMENT FILED IN ERROR// DECLARATION of Richard Pryd by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem . (Cruz Rodriguez, Jesus) Modified text on 3/3/2026 (LTT). |
Filing 18
(Text-Only) ORDER/NOTICE OF RESCHEDULING HEARING: The Contempt hearing set for March 3, 2026 at 10:00 AM in Courtroom 3B has been moved to Courtroom 7D (STP) before Judge Jeffrey M. Bryan. Ordered by Judge Jeffrey M. Bryan on 3/2/2026. (CRD)
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| Filing 17 STATUS REPORT Second by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem. (Cruz Rodriguez, Jesus) |
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Filing 16
(Text-Only) ORDER: If Respondents filed an unredacted I-830 Form in response to the Court's February 20, 2026 Order, Respondents must withdraw and replace that document with a redacted version of that document by no later than February 27, 2026. In the re-filed redacted version, Petitioner's personal information - including telephone number and home address - must be redacted. Ordered by Judge Jeffrey M. Bryan on 2/26/2026. (CRD)
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Filing 15
ORDER SCHEDULING CONTEMPT HEARING: Hearing is set for 3/3/2026 at 10:00 AM in Courtroom 3B (STP) before Judge Jeffrey M. Bryan. See Order for further specifics. Signed by Judge Jeffrey M. Bryan on 2/26/2026. (CRD)
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| Filing 14 STATUS REPORT by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E)(Cruz Rodriguez, Jesus) |
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Filing 13
(Text-Only) ORDER TO SHOW CAUSE: Respondents have failed to comply with the Court's Order(s) requiring Respondents to return all property of Petitioner or with the Court's Order(s) requiring Respondents to affirm that all property of Petitioner was returned to Petitioner. Respondents or their agent(s) are ORDERED to immediately return all property of Petitioner in their possession, custody, or control to Petitioner's counsel. If Respondents or their agents confiscated any documentation from Petitioner that is subject to retention by Respondents or their agent(s) after Petitioner's release, Respondents or their agent(s) shall immediately make certified copies of any and all such documentation and provide the certified copies to Petitioner's counsel. On or before February 25, 2026, at 11:00 a.m. CT., Respondents are ORDERED to file a declaration by an individual with personal knowledge pursuant to 28 U.S.C. 1746 confirming that all property of Petitioner was returned to Petitioner and attaching documentation of that fact. If any confiscated documentation was subject to retention by Respondents or their agent(s) after release, the declaration shall identify each item that was retained and confirm that Respondents have provided certified copies of any and all such documentation to Petitioner or Petitioner's counsel. To address any future noncompliance with this Order, the Court will consider imposition of coercive monetary penalties and any other measures within the Court's authority. Signed by Judge Jeffrey M. Bryan on 2/20/2026. (CRD)
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Filing 12
(Text-Only) ORDER TO SHOW CAUSE: Respondents have failed to establish clearly that Petitioner was released without conditions, thereby violating the Court's Order(s) requiring release without conditions. On or before February 25, at 11:00 a.m. CT., Respondents are ORDERED to file a declaration pursuant to 28 U.S.C. 1746 by an individual with personal knowledge confirming that Petitioner was released without conditions and attaching documentation of that fact. Acceptable documentation of release without conditions includes the form filed in Case No. 26-CV-1157 at Doc. No. 11-1. Alternatively, the declaration may confirm that any conditions of release have since been rescinded and attaching documentation of that fact. Acceptable documentation of rescission of conditions includes the form filed in Case No. 26-CV-751 at Doc. No. 16-1. To address any future noncompliance with this Order, the Court will consider imposition of coercive monetary penalties and any other measures within the Court's authority. Signed by Judge Jeffrey M. Bryan on 2/20/2026. (CRD)
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| Filing 11 JUDGMENT (Attachments: #1 Civil Notice - appeal)(ACH) |
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Filing 10
MEMORANDUM AND OPINION: The Petition (Doc. No. #1 ) is GRANTED. Respondents are ORDERED to release Petitioner David H. from custody in Minnesota without conditions immediately, and in any event on or before 4:00 p.m. CT on February 14, 2026. Respondents are further ordered to provide advance notice to Petitioner's Counsel of the time and location of the release. On or before 11:00 a.m. CT on February 16, 2026, counsel for Respondents shall file a letter affirming that Petitioner was released from custody in Minnesota without conditions in accordance with this Order. Counsel shall also file a declaration on or before 11:00 a.m. CT on February 16, 2026, pursuant to 28 U.S.C. 1746 by an individual with personal knowledge that states when and where the Petitioner was released, attaches any and all documentation concerning the Petitioner's release, and affirms that all property of Petitioner was returned to Petitioner upon release (or, if property is retained, state which property and the legal basis for retention). If Petitioner was transferred out of Minnesota prior to the Court's Order granting the Petition, counsel shall also file a declaration on or before 11:00 a.m. CT on February 16, 2026, pursuant to 28 U.S.C. 1746 by an individual with personal knowledge that includes the following: (a) the name or names of any individual or individuals who authorized Petitioner's transfer outside of Minnesota; (b) the basis for the transfer; (c) the time and date when that decision was made; (d) the time and date when Petitioner was moved; and (e) what efforts Respondents took to return Petitioner to Minnesota as ordered by the Court. David H. may move separately within 30 days of final judgment in this action to recover attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. 2412(d). As to other forms of relief requested, the Petition is DENIED. Respondents' Status Report (Doc. No. #8 ) and Declaration (Doc. No. #9 ) are STRICKEN as untimely. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Jeffrey M. Bryan on 2/13/2026. (CRD)
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| Filing 9 STRICKEN AS UNTIMELY PER #10 MEMORANDUM AND OPINION. DECLARATION of James Van Der Vaart re 7 Order/Notice to Attorney, by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem . (Attachments: #1 Exhibit(s) I-296, #2 Exhibit(s) Notice and Order of Expedited Removal)(Cruz Rodriguez, Jesus) Modified text on 2/13/2026 (ACH). |
| Filing 8 STRICKEN AS UNTIMELY PER #10 MEMORANDUM AND OPINION. STATUS REPORT by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem. (Cruz Rodriguez, Jesus) Modified text on 2/13/2026 (ACH). |
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Filing 7
(Text-Only) ORDER: Respondents are ORDERED to provide actual documentation supporting their Declaration (Doc. No. [4-1]), including any removal orders, by 11:00 a.m. on February 13, 2026. Failure to do so may result in the Court granting the Petition. Ordered by Judge Jeffrey M. Bryan on 2/12/2026. (CRD)
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| Filing 6 REPLY re 5 Briefing Order, 3 Order/Notice to Attorney,,,,,, filed by David Isaac Hernandez Hernandez.(Moy, Mackenzie) |
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Filing 5
(Text Only) ORDER: Petitioner shall file a Reply to Respondents' answer #4 by February 10, 2026, at 11:00 a.m. CST. Ordered by Judge Jeffrey M. Bryan on 2/6/2026. (CRD)
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| Filing 4 RESPONSE by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem re #1 Petition for Writ of Habeas Corpus, . (Attachments: #1 Declaration of James L. Van Der Vaart)(Cruz Rodriguez, Jesus) |
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Filing 3
(Text-Only) ORDER: Respondents are ordered to file a response to the Petition for Writ of Habeas Corpus #1 on or before February 6, 2026, at 11:00 a.m. CT, certifying the true cause and proper duration of Petitioner's confinement and showing cause as to why the writ should not be granted in this case. The response should include a reasoned memorandum of law and fact as well as any supporting documentation that may be needed to establish the lawfulness of Petitioner's arrest and/or continued confinement, including a response to each count of the Petition, a statement concerning immigration court jurisdiction over Petitioner, and a response concerning whether the absence of a warrant preceding Petitioner's arrest necessitates Petitioner's immediate release. No reply will be permitted, and the Court will decide the Petition without a hearing and based on the written submissions. Further, Respondents are temporarily restrained and enjoined from moving the Petitioner out of the District of Minnesota until the Court has issued a ruling on the pending Petition. If Petitioner has already been removed from Minnesota, Respondents are ordered to immediately return Petitioner to Minnesota as soon as possible and in any event no later than February 6, 2026. Violation of this order will result in consideration of any appropriate sanctions against the attorneys of record and the parties responsible for violating this order. Ordered by Judge Jeffrey M. Bryan on 2/4/2026. (CRD)
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| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jeffrey M. Bryan per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Douglas L. Micko. Please use case number 26-cv-1034 (JMB/DLM).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (BTX) |
| Filing 1 First PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12630132) filed by David Isaac Hernandez Hernandez. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Moy, Mackenzie) |
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