Emily A.N.V. v. Todd Blanche, Acting Attorney General, Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Eric Tollefson, Sheriff of Kandiyohi County

District Court, D. Minnesota·Decided July 18, 2026·No. 0:26-cv-02570·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Emily A.N.V., Case No. 26-cv-2570-KMM-EMB

Petitioner, REPORT AND v. RECOMMENDATION

Todd Blanche, Acting Attorney General, Markwayne Mullin, Secretary, US. Department of Homeland Security, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Eric Tollefson, Sheriff of Kandiyohi County,

Respondents.

Before the Court is Petitioner Emily A.N.V.’s1 petition for a writ of habeas corpus (Dkt. No. 1) under 28 U.S.C. § 2241. The government filed a response (Dkt. No. 5) to the petition, and Emily’s counsel filed a reply (Dkt. No. 7). The petition was referred to me to issue a Report and Recommendation. See 28 U.S.C. § 636; D. Minn. L.R. 72.1.

1 This District uses the first name and last initials of nongovernmental parties in immigration cases. Petitioner is referred to by just her first name in the rest of this Report and Recommendation. I held an evidentiary hearing on July 1, 2026, admitting into evidence ten exhibits on the parties’ stipulation (referred to here as Exs. 1–10) and

taking testimony of two witnesses: Emily and Department of Homeland Security (“DHS”) Customs and Border Patrol (“CBP”) Agent David Marcus. (See Dkt. No. 20; see also Dkt. No. 23-1 (“Tr.”).) Following the hearing, the government filed supplemental briefing (Dkt. No. 21), as did Emily’s counsel

(Dkt. No. 22). Based on the parties’ filings and the record evidence, I recommend that the Court grant Emily’s petition. I. Background

Emily is a twenty-two-year-old citizen of Venezuela and resident of Grand Forks, North Dakota. (Pet. ¶ 7; Tr. at 10.) She came to the United States around May 2024, fleeing persecution in Venezuela. (Pet. ¶¶ 16–17; Tr. at 10.) Immigration authorities determined that she had a credible fear

of returning to her home country. (Ex. 2 at 3–4 (describing Emily’s “positive fear claim” and fear of threats received from officials in Venezuela); see also Pet. ¶ 17.) She was therefore placed in proceedings to seek protection-based relief, including asylum, before an immigration judge. (Ex. 2 at 3; Pet. ¶ 17.)

Emily’s claim for relief is pending appeal in the immigration-court system. (Tr. at 15; Pet. ¶ 20.) During the pendency of her asylum proceedings, Emily was instructed to attend “check-in” appointments with the Enforcement and Removal

(“ERO”) unit of DHS’s Immigration and Customs Enforcement (“ICE”) branch every four months. (Tr. at 15.) She never missed an appointment. (Tr. at 15; see also Ex. 2 at 3 (“[Emily] is currently on an ERO docket and checking in.”).)

Emily has no criminal history. (Ex. 2 at 4.) She is about “one meter, 54 centimeters” (or five feet and one-half inch) tall and weighs 92 pounds. (Tr. at 11.) She speaks Spanish and does not understand English. (Tr. at 3, 36.) Around 8:45 a.m. on February 26, 2026, CBP agents of the Grand Forks

Sector Intelligence Unit launched an enforcement operation to apprehend Emily’s partner, Orlando, whom they believed lacked lawful immigration status. (Tr. at 22, 25–26.) At that time, Orlando was sitting in the driver’s seat of his car, which was parked outside his apartment building in Grand

Forks. (Tr. at 10, 26.) The car was running, and the reverse lights were on before agents approached. (Ex. 5 at 2:12–2:15; see also Tr. at 12–13.) Emily was sitting in the front passenger seat of his car. (Tr. at 10, 27– 28.) As the agents began the operation, they did not know Emily’s name,

alienage, or relationship to Orlando. (Id. at 28.) They were not targeting her, and they had no warrant for her arrest. (Id. at 13–14, 25.) Agents approached Orlando’s car and told him to roll down his windows. (Ex. 6 at 2:00.) He retrieved his wallet, extracted a photo ID, and

held it up to the window. (Ex. 6 at 2:00–2:18; Ex. 3 at 2:16–2:22; Ex. 5 at 2:35–2:38.). Agents yelled his first name repeatedly and told him to roll down his window. (Ex. 6 at 2:14–2:22.) Meanwhile, Agent Scarborough, Agent Marcus, and at least one other agent approached the front passenger-side of

the car, where Emily was sitting. (Ex. 6 at 2:00–2:20.) In all, about seven agents and a canine agent surrounded the vehicle. (Tr. at 37.) Video footage reflects a chaotic scene, with agents yelling and speaking over one another. (Ex. 6 at 2:01–2:30.) Emily turns her head from

side to side, looking to the agents speaking to Orlando through his window, then to the agents at her window, and then back to the driver’s side. (Id.) About twenty-two seconds after approaching her window, Agent Scarborough knocked on Emily’s window (Ex. 6 at 2:20–2:22) and told her “to

get out of the vehicle.” (Tr. at 18; see also Ex. 6 at 2:22.) Other agents were yelling at Orlando at the same time. (Ex. 6 at 2:15–28.) Emily, whose window was rolled up, “d[idn’t] understand what [Agent Scarborough was] saying.” (Tr. at 17–18.) Orlando gestured to put the car (which was still in

reverse) into park, and Emily turned to look toward the agents at his window. (Ex. 6 at 2:22–2:28; Tr. at 13.) A few seconds later, agents shattered Orlando’s window. (Ex. 6 at 2:27.) Emily screamed and began recording on her phone with her right hand while placing her left hand on her chest, which was rising and falling rapidly.

(Ext. 6 at 2:27–2:38; see also Tr. at 13.) She testified, “I was so – so much in panic.” (Tr. at 13.) Agent Scarborough told Emily, “Get out of the vehicle. Get out of the vehicle, Ma’am,” and Emily unbuckled her seatbelt and reached for the passenger-side door. (Ex. 6 at 2:30–2:41.)

As Emily reached for the door handle, agents “used force” to throw Orlando to the ground, and Emily turned to look. (Ex. 6 at 2:41–2:44; Tr. at 13, 38; Ex. 3 at 2:40–2:56.) With Emily turned the other way, Agent Scarborough opened the door and pulled her out of the car, where three

agents surrounded her. (Ex. 6 at 2:44–2:50, 3:20–3:30.) She was not wearing a coat or shoes. (Id. at 3:41–3:46.) Her phone fell, and she slipped and “took a couple steps” trying to pick it up. (Tr. at 53–54; Ex. 4 at 2:42–2:44.) Agent Scarborough ripped off one of Emily’s fingernails while pulling

her out of the car. (Tr. at 19.) Video footage shows her holding up her bleeding finger and flailing her arm, which she testified she did “because it was hurting.” (Ex. 6 at 2:50–2:55,4:42–4:46; Tr. at 19.) Agent Scarborough then handcuffed her as she “tighten[ed] up” her arms and yelled, “Por favor!,”

“No!,” and “Orlando!” (Tr. at 20; Ex. 6 at 2:56–3:18.) Several agents then escorted her across the icy parking lot to a law-enforcement vehicle and placed her in the backseat. (Ex. 6 at 3:20–3: 47.) From the time Agent Scarborough knocked on Emily’s window to the time he pulled her from the car, about thirty seconds passed; within thirty

more seconds she was handcuffed and escorted to the agents’ vehicle. Agent Scarborough “had a hold of her arm the whole time,” from when he pulled her from Orlando’s car to when he placed her in the agents’ vehicle. (Tr. at 36.) Once Emily was handcuffed in the backseat of the law-enforcement

vehicle, agents adopted a leisurely pace, repeatedly walking back and forth between the agents’ vehicle and Orlando’s. Agent Scarborough buckled Emily in and asked her age (she replied, “twenty-two”) and where she was from (answer, “Venezuela.”) (Ex. 6 at 3:55–4:10; Ex. 4 at 3:54–4:00.) He

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Emily A.N.V. v. Todd Blanche, Acting Attorney General, Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Eric Tollefson, Sheriff of Kandiyohi County, (mnd 2026).

Emily A.N.V. v. Todd Blanche, Acting Attorney General, Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Eric Tollefson, Sheriff of Kandiyohi County (Emily A.N.V. v. Todd Blanche, Acting Attorney General, Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, David Easterwood, Acting Director, St. Paul Field Office Immigration and Customs Enforcement, Eric Tollefson, Sheriff of Kandiyohi County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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