ICE in Minnesota: Federal judge lifts contempt order, blasts government attorneys
Federal judge's contempt ruling highlights Minnesota court frustrations
A federal judge in Minnesota has found a government attorney in contempt for not following court orders, highlighting issues within the U.S. Attorney’s Office. FOX 9's Paul Blume has the story.
(FOX 9) - A federal judge lifted civil contempt penalties against a Trump administration lawyer for violating a court order, but she blasted the U.S. Attorney’s Office and the executive branch for its handling of a mountain of civil litigation connected to the sweeping arrests and detainment of thousands of immigrants in Minnesota during Operation Metro Surge.
Blistering final order
What we know:
On Friday, U.S. District Court Judge Laura Provinzino released a blistering final order in a habeas case that had generated headlines this week.
As FOX 9 first reported, Provinzino held a Trump administration military lawyer, on special assignment with the U.S. Attorney’s Office, in civil contempt of court for violating her release orders in connection to a Mexican immigrant living in Big Lake, Minnesota.
Rigoberto Soto Jimenez was arrested at work by immigration enforcement agents last month.
Provinzino had ordered his release in Minnesota with all his property that ICE had seized, including a Minnesota driver’s license.
But instead, Soto Jimenez was released directly from a large El Paso detention center in Texas without any of his personal paperwork.
JAG attorney never practiced in federal court
Dig deeper:
Provinzino took issue with the government’s handling of the case and cited Matthew Isihara, a JAG attorney, who admitted he had never practiced law in federal court before assisting on the massive civil caseload generated during Operation Metro Surge.
Isihara, who picked up nearly 130 cases of his own over the last month, apologized for allowing the Soto Jimenez case to slip "through the cracks."
He blamed short staffing in the U.S. Attorney’s Office, in part, for the oversight.
‘Worn out its welcome’
What they're saying:
In response, Judge Provinzino wrote, "This Court has been exceedingly patient with the U.S. Attorney’s Office and has granted its attorneys (including Isihara) grace multiple times before, when disobedience came to light. But at this point, the refrain of ‘understaffing’ and ‘too many cases’ has worn out its welcome, particularly when it comes at the expense of individual rights. This Court would never allow a private attorney or litigant to rely on an ‘I’m too busy’ excuse to justify disobedience of a court order. The Government is no different."
‘Real consequences’
The backstory:
The FOX 9 Investigators have reported extensively on the frustration from Minnesota’s federal judges who have reported dozens of court violations by ICE and government attorneys over the last few months.
Provinzino addressed the issue in her Friday order, writing, "The inability of the U.S. Attorney’s Office to fulfill its duty to ensure compliance with judicial orders has real consequences on real human beings: petitioners are unlawfully left stranded thousands of miles away from Minnesota without their property (that is, if the petitioner is even timely released). Ultimately, staffing and resource allocation at the U.S. Attorney’s Office is firmly within the Executive’s control. But it is this Court’s business to ensure that its orders are obeyed and not ignored."
Waiting for DOJ comment
The other side:
FOX 9 reached out to the Department of Justice late Friday for comment and had not heard back.
U.S. Attorney Daniel Rosen had previously taken issue with Provinzino’s contempt ruling in the case.
"Judge Provinzino’s order is a lawless abuse of judicial power," Rosen wrote in a statement.