ICE in Minnesota: Federal judge's contempt ruling highlights Minnesota court frustrations
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.
MINNEAPOLIS (FOX 9) - 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.
1,000 habeas cases
What we know:
Judge Laura Provinzino held Special Assistant U.S. Attorney, Matthew Isihara in civil contempt for not complying with her court order in a habeas case involving Rigoberto Soto Jimenez, a Mexican immigrant from Big Lake, Minnesota.
According to court filings, Soto Jimenez was arrested at work by immigration enforcement agents last month.
Soto Jimenez has lived in the United States since 2018 and has no criminal history or final removal order.
His case is one of approximately 1,000 lawsuits filed against the federal government challenging the constitutionality of arrests and detainments during Operation Metro Surge.
Left without his driver’s license
The backstory:
Judge Provinzino ordered his release from the Camp East Montana Detention Facility in El Paso, Texas by Feb. 13.
Her order stated that he was to be released in Minnesota and that the government was to "return all property to him."
ICE met the deadline but released Soto Jimenez in Texas without any of his identification paperwork, including a Minnesota driver’s license and a Mexican consular ID card.
At the Wednesday hearing, Provinzino demanded to know why, nearly a week later, his identification paperwork had not been returned.
Overwhelmed by litigation
What they're saying:
Isihara apologized, explaining that the U.S. Attorney’s Office is currently overwhelmed by the litigation. And with a significant legal staff shortage, his team is struggling to keep up with all the court orders.
"There are enormous volumes of cases coming through," explained Isihara, a military attorney on special assignment with the Department of Justice to handle the crush of habeas cases. "This is one instance where, to be candid, the ball was dropped."
In issuing her ruling, Judge Provinzino said that her decision was to ensure that the government complies with judicial orders. She fined Isihara $500 per day for every day that Soto Jimenez does not have his personal items going forward.
In an update Thursday evening, Soto Jimenez's papers have been returned by Immigration and Customs Enforcement (ICE), which nullified the contempt fines against Isihara.
U.S. Attorney Daniel Rosen was quick to fire back, writing in a statement, "Judge Provinzino’s order is a lawless abuse of judicial power."
Rare contempt ruling
Dig deeper:
This contempt ruling is rare, with federal court officials reporting that it is only the sixth time since 2020 that a U.S. District Judge has held a party in contempt in Minnesota.
Kyle Cheney, a senior legal affairs reporter for Politico, has been tracking the mountain of habeas litigation across the country as the Trump administration ramps up its deportation efforts.
He says he has seen significant frustration from federal judges, including those in Minnesota, over repeated violations of court orders.
And while there have been threats of contempt, he had not seen a single judge punish a government official for noncompliance until Judge Provinzino’s order.
"I think judges may be tired of issuing threats and maybe not feeling like they are being heard," explained Cheney. "Usually, the threats work because if you threaten to hold a government attorney in contempt, it gets them going to resolve whatever the issue is. Judges don't usually issue contempt threats unless things reach a really bad point. And when they do, usually, people rush to resolve the issue before they are held in contempt."