Trump-appointed judge finds Trump admin in contempt for detention of illegal alien

A Trump-appointed judge has found the Trump administration in civil contempt for mishandling the detention and release of an illegal alien.

U.S. District Judge Eric Tostrud on Monday found the administration in contempt for first transferring an illegal alien out of his “home” state and then releasing him while denying him access to his belongings.

The illegal alien, Mexican citizen Fernando Gutierrez Torres, filed a habeas petition in late January “seeking his release from custody” after he was detained by federal immigration authorities.

He also “asked the court to block the federal government from transferring him out of Minnesota while his case remains pending,” according to The Minnesota Star Tribune.

Judge Tostrud responded to the request by issuing an order on Jan. 20 barring the feds from removing Torres from Minnesota.

Two days later, the Trump administration admitted to Judge Tostrud that they’d already moved Torres to Texas.

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The judge responded by demanding the production of a status report “identifying Fernando’s present location and the schedule for his return to the District of Minnesota.”

The Trump administration reportedly responded by submitting a notice informing the court that Torres “is presently at El Paso, Texas” and “is scheduled to be back in Minnesota tomorrow, 24 January 2026.”

It’s at this point that Judge Tostrud granted Torres’ original petition and ordered his release “from custody as soon as practicable, but not later than 48 hours after entry of this Order.”

However, in his Monday ruling, the judge noted that Torres “was released in El Paso, Texas, without his belongings.”

“Respondents have not explained why they withheld Fernando’s belongings when they released him,” the judge complained.

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The Trump administration replied by admitting that releasing Torres in Texas “was not in compliance with the expectations and Order of this Court.” The attorney representing the case added that he was “deeply remorseful and offers his sincere apologies for the situation.”

The judge, in turn, found the administration in civil contempt and ordered it to reimburse Torres the $568.29 he had paid to fly back home.

The latest ruling comes days after another federal judge based out of Minnesota found a Trump administration attorney in contempt for his own mishandling of immigration 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,” according to the Star Tribune.

“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,'” the Tribune’s reporting continued.

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These rulings have come amid an uptick in habeas petitions being filed with the federal administration.

“[O]verwhelmed assistant U.S. Attorneys … are struggling to keep up with the pace of cases and court orders that follow,” the Tribune notes.

In another order issued last month, Judge Patrick Schiltz cited nearly 100 other recent violations by the Trump administration spanning across 74 illegal immigration cases.

“ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence,” Schiltz wrote in a ruling last month.

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ICE is short for U.S. Immigration and Customs Enforcement.

Investigative journalist Julie Kelly has alleged that Schlitz “is a pro-illegal immigration activist using the bench to promote his political views and sabotage the president’s immigration agenda.”

According to reports, Schlitz is a donor and volunteer for the so-called Immigrant Law Center.

Vivek Saxena

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