Habeas 900

Will the wind-down of Operation Metro Surge mean fewer new habeas corpus cases getting filed?

We’ve hit the 900 mark in the number of habeas corpus cases being filed so far in 2026, with each petition seeking the release of one or more illegal aliens held in ICE detention. As of Friday afternoon (February 13) we stand at 908. Over the 38 “business” days of 2026, that works out to 24 per day, one every hour.

But the Minneapolis Star Tribune is worried, for no apparent reason,

Court ruling means Minnesota immigrants sent to Texas may have little chance of returning

The Star Tribune reports,

A recent federal appeals court ruling means immigrants detained in Minnesota and sent to Texas won’t be released on bond — for now.

Thousands of immigrants detained during the monthslong Operation Metro Surge have been sent to Texas detention facilities.

We reported on that 5th Circuit Court ruling when it was first issued a week ago. It applies within that circuit, which covers TX-LA-MS. Back in Minnesota, federal district judges have not been shy about asserting their jurisdiction nationwide and have ordered many aliens flown back from Texas to be released in Minnesota.

One notorious judge (not in Minnesota) has even ordered the return of deported aliens to America, flown back at taxpayers expense.

The Star Tribune does not explain how the 5th circuit decision could impact Minnesota federal courts.

Although not addressing the habeas issue directly, CBS News reported earlier this week,

Voluntary departures hit record high as detained immigrants lose hope

CBS News explains that illegal aliens in detention do not have to wait the days/week/months for physical deportation. They are free to self-deport at any time and end the ordeal. This outlet has always been there, but apparently it is now more frequently used by aliens to speed up the inevitable than in the past.

CBS News reports on one case,

[She] asked an immigration judge for a bond for her release from detention, but her request was denied.

“They weren’t looking at the roots that I created in the United States,” [she] said. “The job that I had lined up, the career, the life that I had built for myself, they never took nothing into consideration.”

She’s not the only one who struggled to get out of detention while her case was pending. Last year, 30% of rulings on bond were favorable to detainees, down from 59% in 2024, the CBS News analysis found.

I keep hearing this argument, which has no basis in law: if an illegal alien manages to evade deportation for X number of months/years/decades, then the law no longer applies and they become common law citizens.

Some statistics to ponder,

Anything that cannot continue forever will stop.

Meanwhile, it is my duty to inform you that we have our first-ever Minnesota Man repeat customer. In August 2025, Jesus Hernandez-Garcia was indicted on a federal criminal felony charge of illegal re-entry by a previously-deported alien (Case No. 25-cr-302). Hernandez had three previous deportations on his record.

In September, Hernandez was reported to have been deported for a fourth time, and his criminal case was dismissed.

In December, Hernandez was re-indicted on the same charge (Case No. 25-cr-493). On Wednesday (February 11), Hernandez was back in federal court (in person) for arraignment on the re-filed re-entry indictment.

So, either (1) he was not actually deported last year or (2) he was deported and returned to Minnesota again.

The next court appearance for Hernandez is scheduled for April 15.