Another Minnesota federal judge issues contempt finding over U.S. government violating immigration court orders

Sarah Nelson, Star Tribune on Feb 23, 2026

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Minnesota’s federal judiciary has issued another civil contempt finding against the U.S. government tied to violations of orders in immigration cases that continue to flood the courts.

U.S. District Judge Eric Tostrud found the Trump administration in civil contempt for transferring an immigrant to Texas and releasing him without his belongings in late January. By issuing the contempt finding, Tostrud sided with attorneys for Fernando Gutierrez Torres to bring the sanctions on the administration amid the repeated violations.

Tostrud ordered the U.S. government to pay $568.29 — what Gutierrez Torres’ lawyer had paid for his plane ticket back to Minnesota.

The finding comes days after another Minnesota federal judge found a U.S. government lawyer in contempt over handling of court orders tied to immigration-related cases.

Last week, U.S. District Judge Laura Provinzino found a military lawyer detailed to the U.S. Attorney’s Office in Minnesota in civil contempt after the government failed to return identification documents to a man she previously ordered released from immigration custody. She dissolved her ruling once her conditions were met, but issued a stern order saying the office’s “excuse” of low staffing and a crushing caseload has “worn out its welcome.”

Since the beginning of the federal immigration crackdown dubbed Operation Metro Surge, court filings known as habeas petitions have overwhelmed assistant U.S. attorneys who are struggling to keep up with the pace of cases and court orders that follow. In a similarly harsh order, Minnesota’s chief federal judge Patrick Schiltz in late January alleged the violations reached nearly 100 times among 74 immigration cases.

Gutierrez Torres, a Mexican citizen, filed his habeas petition late January seeking his release from custody and asked the court to block the federal government from transferring him out of Minnesota while his case remains pending, according to court records. Tostrud agreed to bar the U.S. government from moving him out of Minnesota.

Two days later, Justice Department lawyers notified the court that Gutierrez Torres had been transported to El Paso, Texas. Tostrud asked the U.S. government to return Gutierrez Torres to Minnesota on Jan. 24 or he would require attorneys for the government to appear in his courtroom.

Tostrud said ICE sent him confirmation in a letter that Gutierrez Torres was scheduled to return to Minnesota on Jan. 24. Considering the letter, Tostrud said, Gutierrez Torres was ordered from release as soon as possible.

Instead, ICE released Gutierrez Torres in El Paso, Texas, without his belongings.

Court records show ICE said Gutierrez Torres’ return flight on Jan. 24 had been canceled, pointing to a major winter storm in Texas at the time as the “likely reason” for the cancellation.

“To the extent Respondents imply that a canceled flight, a winter snowstorm or haste to comply with the (court’s order) directing Fernando’s release excuse their contempt, these asserted justifications do not support an inability to comply with the Jan. 20 order,” Tostrud said, referring to his initial ask to block Gutierrez Torres’ transfer to Texas.

Ronnie Santana and Evangeline Surya Ester Dhawan-Maloney, his lawyers, expressed appreciation over the ruling and echoed that their client is just one of many wrongful detention cases.

“We’re glad that we were able to achieve the result that we got and to at least try to bring some light to the situation,” Santana said.

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