The United States (i.e., the Trump Department of Justice) has moved for an expedited resolution of the legal issue pending before the Eighth Circuit in Avila v. Noem. The motion and supporting declaration of United States Attorney for Minnesota Daniel Rosen attribute the publicized difficulties created by the district judges’ treatment of this recurring issue — the obligation of the Department of Homeland Security (“DHS”) to detain aliens under 8 U.S.C. § 1225(b)(2)(A) pending their removal proceedings. The Minnesota district judges have issued a flood of related orders that has overwhelmed the Office of the United States Attorney. The motion of the United States appears under the name of Assistant Attorney General Brett Shumate et al.
Rosen explains in parargraph 3 of his declaration:
In this month alone [i.e., January 2026], over 427 habeas cases have been filed in this District. That is in addition to the 100+ cases filed in the second half of 2025. This flood of new litigation imposes an enormous burden on this U.S. Attorney’s Office. The pace of such cases is expected to continue.
He continues in paragraph 4:
To respond to this wave of habeas petitions, this Office has been forced to shift its already limited resources from other pressing and important priorities. The MN-USAO has cancelled all ACE work and any
other affirmative priorities and is operating in a reactive mode. AUSAs are appearing daily for hearings on contempt motions. The Court is setting deadlines within hours, including weekends and holidays. Paralegals are
continuously working overtime. Lawyers are continuously working overtime. All this is happening while the MN-USAO Civil division is down 50%.
What can’t go on won’t go on. Something’s gotta give. Readers trying to understand what’s happening here may want to review the motion and supporting declaration for themselves.
