The case originated out of the Minnesota federal district. It was one of many such cases seeking the release of one or more illegal aliens detained by ICE.
The 2-1 decision by the Eighth Circuit can be read here.
The case originated in August 2025 and is captioned Joaquin Herrera Avila v. Bondi. The appeals court reversed the district court judge’s decision to order the release of the illegal alien from ICE custody.
Since the beginning of 2026, more than 1,100 such habeas cases have been filed in Minnesota alone.
Let the wailing and gnashing of teeth begin!
Politico: Another appeals court backs Trump administration’s mass detention policy
[This is Scott adding a footnote: When the Eighth Circuit reverses the opinion of a district judge, it customarily omits the name of the judge as a matter of courtesy, as it does here. In this case the (senior) judge is John Tunheim. Judge Tunheim’s opinion is posted online here.]
