Man is released from detention after his case led a judge to order ICE leader into court

The man whose case prompted a federal judge in Minnesota to order the head of U.S. Immigration and Customs Enforcement to appear in court has been released from detention, according to his attorney.

On Monday, Chief Judge Patrick J. Schiltz admonished the Trump administration for its handling of immigration cases and ordered Todd Lyons, acting director of ICE, to appear before him Friday to explain why he should not be held in contempt.

By Tuesday afternoon, the petitioner at the center of the case — named in the judge's order by first name and last initials Juan T.R. — was released, his attorney Graham Ojala-Barbour said.

Ojala-Barbour received the news from Ana Voss, civil chief and assistant U.S. attorney for the District of Minnesota, but said he has not yet spoken to his client. The U.S. Attorney's Office has not yet responded to a request for comment.

Ojala-Barbour said his client's release has implications beyond his personal freedoms.

"When the director of [ICE] is informed that he is personally responsible for answering for the legality of [ICE] actions, [ICE] pays attention and follows an order," he said in a statement Tuesday evening.

Juan T.R.'s release could clear the way for Schiltz to rescind his demand that Lyons appear in federal court on Friday.

In his order on Monday, Schiltz said the court’s patience with ICE and the Department of Homeland Security “is at an end.”

“This Court has been extremely patient with respondents, even though respondents decided to send thousands of agents to Minnesota to detain aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result,” the judge wrote.

In a separate federal court hearing on Monday, attorneys for state and local officials asked a judge to halt the immigration enforcement surge in Minneapolis and St. Paul.

Ojala-Barbour told WBUR that calling Lyons to court makes clear there is frustration within the justice system with the federal government's actions.

“ The judge is using this case as an example to say that the court is no longer gonna tolerate ICE not releasing people when the court orders it to do so,” said Ojala-Barbour. “ When the court has been ordering ICE not to move people to Texas, they're being moved anyway. When the court orders [ICE] to bring people back, they're not brought back right away.”

Juan T.R. was granted a petition to have a bond hearing within seven days of Jan. 14, according to the order. But on Jan. 23, his attorneys told the court he had not received a hearing and was still in detention.

Ojala-Barbour said the petitioner had a removal hearing Tuesday morning in Texas, where he was being detained.

Schiltz wrote that he acknowledges ordering the head of a federal agency to appear in person is “an extraordinary step, but the extent of ICE’s violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,” he said.

“Respondents have continually assured the Court that they recognize their obligation to comply with Court orders, and that they have taken steps to ensure that those orders will be honored going forward,” he wrote. “Unfortunately, though, the violations continue.”

WBUR requested comment from ICE and DHS, but has not heard back.