Esli D. B.G. v. Pamela Jo Bondi, in her official capacity as Attorney General of the United States; Kristi Noem, in her official capacity as Secretary of Department of Homeland Security; Todd Lyons, in his official capacity as Acting Director of United States Immigration and Customs Enforcement; David Easterwood, in his official capacity as Acting Director, St. Paul Field Office, U.S. Immigration and Customs Enforcement; and Brian C. Dean, in his official capacity as Sheriff of Lawrence County

District Court, D. South Dakota·Decided March 16, 2026·No. 5:26-cv-05020·Unknown

Opinion

UNITED STATES DISTRICT COURT

. DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

ESLI D. B.G., 5:26-CV-05020-RAL Plaintiff,

OPINION AND ORDER GRANTING □□□□ vs. OF HABEAS CORPUS AND ORDERING . RELEASE PAMELA JO BONDI, IN HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES; KRISTI NOEM, IN . HER OFFICIAL CAPACITY AS SECRETARY OF DEPARTMENT OF HOMELAND SECURITY; TODD LYONS, IN HIS OFFICIAL CAPACITY AS ACTING DIRECTOR OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; DAVID EASTERWOOD, IN HIS — OFFICIAL CAPACITY AS ACTING DIRECTOR, ST. PAUL FIELD OFFICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; AND BRIAN C. DEAN, IN HIS OFFICIAL CAPACITY AS SHERIFF OF LAWRENCE COUNTY;

Defendants.

Petitioner Esli D. B.G. filed a Writ of Habeas Corpus, Doc. 1, seeking his immediate release from federal immigration detention. Respondents oppose the Petition. Doc. 8.) This Court

1 On March 9, 2026, Respondents filed a Supplemental Answer to the Petition questioning federal subject matter jurisdiction but then provided notice that the supplemental response was filed in error and should be disregarded. See Doc. 10. Although Respondents do not appear to challenge subject matter jurisdiction or administrative exhaustion, this Court briefly addresses these issues. None of the jurisdiction-stripping provisions of 8 U.S.C. § 1252 apply to the question of whether Esli D. B.G. is subject to mandatory detention under § 1225(b)(2) or discretionary detention under . 1

entered a temporary restraining order to enjoin removing Esli D. B.G. from detention in the District of South Dakota for 14 days while the parties briefed the legal issue of the propriety of his detention. Because the detention of Esli D. B.G. falls under the provisions of 8 U.S.C. § 1226(a) and he was arrested without a warrant, the Petition is granted, and he is entitled to immediate release. I. Background Esli D. B.G. is a resident of Dickinson, North Dakota, and a citizen of Mexico. Doc. 1 142. He has resided in the United States continuously since he entered without inspection in November 2005. Id.; Doc. 9 6; Doc. 9-1 at 1. Esli D. B.G. lives with his U.S. citizen wife and five U.S. citizen children, ages 5, 9, 13, 16, and 25, four of whom are biological children and one of whom is a stepchild. Doc. 1 4 43. According to his Petition, Esli D. B.G. has strong ties to the Dickinson community, has one child with non-verbal autism, and provides his family with emotional, physical, and financial support. Id. In his more than 20 years in the United States, Esli □ D. B.G. has no criminal history. Doc. 9-1 at 2. On September 4, 2025, in or around Dickinson, North Dakota, Immigration and Customs Enforcement (ICE) agents arrested Esli D. B.G. without a warrant. Doc. 1 44. ICE agents encountered Esli D. B.G. at a construction site where they were searching for a previously deported noncitizen. Id. Agents transported Esli D. B.G. to the Burleigh County Detention Center in North

§ 1226(a). See Maldonado v. Olson, 795 F. Supp. 3d 1134, 1142-47 (D. Minn. 2025). As to exhaustion, requiring administrative exhaustion would be futile in light of Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). See Ortiz v. Freden, 808 F. Supp. 3d 579, 590 (W.D.N.Y. 2025) (finding exhaustion of remedies would be futile, even if petitioner had not exhausted his remedies). Immigration judges would be obliged to follow Hurtado’s ruling on the scope of § 1225(b)(2)(A). See Ortiz, 808 F. Supp. 3d at 590.

Dakota and issued a Notice to Appear (I-862) charging removability under sections 212(a)(6)(A)(i) and 212(a)(7)(A)(i)() of the Immigration and Nationality Act (INA). Doc. 9 § 8. On September 25, 2025, Esli D. B.G. filed an Application to Register Permanent Resident or Adjust Status (Form I-485) with United States Citizenship and Immigration Services. Id. | 10. On October 30, 2025, an immigration judge ordered Esli D. B.G. removed to Mexico and denied Cancellation of Removal under INA section 240A(b)(1). Id. ¢ 11. On November 19, 2025, Esli D. B.G. appealed to the Board of Immigration Appeals (BIA), which is still pending as of the time of this Order. Id. § 12. Esli D. B.G. is currently detained at the Lawrence County Jail in Deadwood, South Dakota, where he has been held for over six months without a final removal order pending his appeal to the BIA. Doc. 1 4 45. On February 27, 2026, Esli D. B.G. filed the instant Petition, asserting that he is entitled to immediate release because he was arrested and detained without a warrant. Id. J] 69-73. Esli D. B.G. also requested that this Court enjoin Respondents from moving him outside this District pending adjudication of his Petition. Id. at 21. On March 2, 2026, this Court enjoined for fourteen days Esli D. B.G.’s removal or transfer outside of the District of South Dakota until further order of the Court so that Esli D. B.G. could consult with his counsel during the pendency of his Petition, and so there is no risk that his removal would deprive this Court of jurisdiction over his Petition. Doc. 2. This Court ordered that Respondents address (1) Respondents’ view as to whether—and if so, why—this matter is materially distinguishable, either factually or legally, from what the District of Minnesota” considers its in-district lead case: Santos M.C. v. Olson, No. 25-CV-4264, 2025 WL 3281787 (D.

2 “Operation Metro Surge” in Minnesota spawned many cases similar to this one, so this Court tailored its order from what has become a template order in the District of Minnesota.

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Esli D. B.G. v. Pamela Jo Bondi, in her official capacity as Attorney General of the United States; Kristi Noem, in her official capacity as Secretary of Department of Homeland Security; Todd Lyons, in his official capacity as Acting Director of United States Immigration and Customs Enforcement; David Easterwood, in his official capacity as Acting Director, St. Paul Field Office, U.S. Immigration and Customs Enforcement; and Brian C. Dean, in his official capacity as Sheriff of Lawrence County, (D.S.D. 2026).

Esli D. B.G. v. Pamela Jo Bondi, in her official capacity as Attorney General of the United States; Kristi Noem, in her official capacity as Secretary of Department of Homeland Security; Todd Lyons, in his official capacity as Acting Director of United States Immigration and Customs Enforcement; David Easterwood, in his official capacity as Acting Director, St. Paul Field Office, U.S. Immigration and Customs Enforcement; and Brian C. Dean, in his official capacity as Sheriff of Lawrence County (Esli D. B.G. v. Pamela Jo Bondi, in her official capacity as Attorney General of the United States; Kristi Noem, in her official capacity as Secretary of Department of Homeland Security; Todd Lyons, in his official capacity as Acting Director of United States Immigration and Customs Enforcement; David Easterwood, in his official capacity as Acting Director, St. Paul Field Office, U.S. Immigration and Customs Enforcement; and Brian C. Dean, in his official capacity as Sheriff of Lawrence County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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