Judge orders ICE to release a Minnesota dentist arrested at his green card interview; DHS says he overstayed
Judge Michael J. Davis ordered the release of William Lizardo, a Canadian dentist ICE arrested at an immigration interview on a removal order issued after notice went to an outdated address. DHS says he overstayed and calls Davis an activist judge.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
According to the order, Lizardo came to Minnesota in 2019 on an F-1 student visa to attend the University of Minnesota School of Dentistry, graduated in 2023 and married a U.S. citizen classmate, who filed a petition for him that USCIS approved in January 2025. USCIS denied his application for permanent residence on January 15, 2026, for want of a certified Ontario court record about a 2012 charge that was withdrawn after diversion, and his appeal of that denial is pending. DHS issued a notice to appear for a March 26, 2026 hearing in Virginia immigration court, and he was ordered removed when he did not appear. After his arrest, the immigration court reopened his case on October 28 for lack of notice. The government then said he was held under 8 U.S.C. 1225(b)(2) and asked Davis to dismiss the petition as moot. His attorney, Hassan Ahmad, told Newsweek he was released at about 9 p.m. on November 1. The ruling does not decide his immigration case.
People in this case
Michael J. DavisDirectly involved
Timeline
5 timeline entries on this page. Dates: February 24, 2026 to November 1, 2026
February 2026
DHS issues a notice to appear, and Lizardo is later ordered removed in his absence
DHS issues a notice to appear charging Lizardo as inadmissible for failing to meet documentation requirements and sets a March 26 hearing in Virginia immigration court. He does not appear and is ordered removed in absentia. Judge Davis later finds that USCIS's own files showed he no longer lived at the address where the notice and the removal order were sent.
[01]Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pages
October 2026
ICE arrests Lizardo at the end of an immigration interview in St. Paul
Incident
Two ICE agents arrest Lizardo at the end of an immigration interview he attended with counsel in St. Paul, on a warrant of removal signed by David Easterwood, and take him to the Sherburne County Jail. According to the order, he first learned of the notice to appear, the hearing and the removal order at that interview.
[01]Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pages[02]Newsweek
Newsweek reports Judge Davis's November 1 order and Lizardo's release that night. It quotes his attorney, Hassan Ahmad (added November 2), and a Department of Homeland Security spokesperson (added November 5).
Judge Blasts ICE Over 'Appalling' Arrest of Dentist · NewsweekFull article, as updated November 5, 2026Lizardo files a habeas petition and asks the immigration court to reopen his case
Lizardo asks the immigration court to rescind the removal order for lack of notice and files a habeas petition and a motion for a temporary restraining order in federal court in Minnesota. Davis grants the restraining order that night, barring his removal while the petition is pending.
[01]Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pagesImmigration court reopens Lizardo's case for lack of notice
The immigration court grants Lizardo's motion to reopen after finding he provided sufficient evidence that he did not receive notice. On October 30, the government says he is now held under 8 U.S.C. 1225(b)(2) and moves to dismiss his habeas petition as moot.
[01]Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pages
November 2026
Judge Davis orders Lizardo released, and he is freed that night
Davis grants the habeas petition, denies the motion to dismiss and orders Lizardo released on his own recognizance by 6 p.m. Central time, barring re-detention or removal without the court's leave. Ahmad tells Newsweek he was released at about 9 p.m. On November 4, Davis records that the parties reported the release on November 1 and dismisses the petition without prejudice.
[01]Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pages[02]Newsweek
Newsweek reports Judge Davis's November 1 order and Lizardo's release that night. It quotes his attorney, Hassan Ahmad (added November 2), and a Department of Homeland Security spokesperson (added November 5).
Judge Blasts ICE Over 'Appalling' Arrest of Dentist · NewsweekFull article, as updated November 5, 2026[03]Order dismissing petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Judge Davis records that the parties told the court on November 1, 2026 that Lizardo had been released under its order, and dismisses the petition without prejudice.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
William Lizardo's arrest and detention by ICE violated the Fourth and Fifth Amendments.
What is disputed
Before the ruling, the government argued that Lizardo was held under 8 U.S.C. 1225(b)(2) after his immigration case was reopened and asked the court to dismiss his petition as moot. A DHS spokesperson later told Newsweek that a pending application does not confer legal status and that Lizardo chose to overstay.
Sources (2)
- Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pages
- Judge Blasts ICE Over 'Appalling' Arrest of Dentist · NewsweekFull article, as updated November 5, 2026
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
U.S. Department of Homeland SecurityDepartment of Homeland Security spokesperson, in a statement to NewsweekDirectly involvedBefore this statement
In a statement Newsweek added to its report on November 5, the spokesperson says Lizardo was ordered released by a Clinton-appointed activist judge pending his removal proceedings, that DHS complies with all lawful court orders, and that a pending application does not confer legal status in the United States.
"Between September 2018 and December 2024, Lizardo lawfully entered the country multiple times on a temporary basis. He chose to overstay his welcome in defiance of our nation's laws."
Defended or excusedResponding to: William Lizardo's arrest and detention by ICE violated the Fourth and Fifth Amendments.
Full statement and sources
A DHS spokesperson tells Newsweek that Lizardo entered the country lawfully several times on a temporary basis between 2018 and 2024 and chose to overstay in defiance of U.S. law.
After the statement
Newsweek reports that Lizardo practiced dentistry in federally designated shortage areas until his work authorization was revoked and later volunteered at a low-cost clinic in Burnsville, Minnesota.
Judge Blasts ICE Over 'Appalling' Arrest of Dentist · NewsweekFull article, as updated November 5, 2026Why this label?
The reference point is ICE's arrest and continued detention of William Lizardo. Answering the release order, DHS says Lizardo chose to overstay in defiance of U.S. law, which defends ICE's case against him.
This label describes the statement's response within the context above.
Michael J. DavisSenior U.S. District Judge for the District of Minnesota, in his order granting the habeas petitionDirectly involvedBefore this statement
Davis writes that the government now admits the reason Lizardo was arrested and detained no longer applies, but still insists he must be held without the opportunity for release under 8 U.S.C. 1225(b)(2).
"The hubris of admitting that USCIS made a big mistake, but not even offering any sort of relief is galling, although not surprising. There is no combination of facts or legal argument that can support this position."
CondemnedResponding to: William Lizardo's arrest and detention by ICE violated the Fourth and Fifth Amendments.
Full statement and sources
Granting Lizardo's habeas petition, Davis writes that the government admitted USCIS made a big mistake but offered no relief, and that no facts or legal argument support its position that Lizardo must stay detained.
After the statement
He adds that the facts are so appalling and so well supported that the court could write a long order about the abuses Lizardo suffered, but that the order sticks to the legal necessities so that he does not spend another night in the Sherburne County Jail.
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)Doc. 24, full order, 16 pagesJudge Blasts ICE Over 'Appalling' Arrest of Dentist · NewsweekFull article, as updated November 5, 2026Why this label?
The reference point is ICE's arrest and continued detention of William Lizardo. Davis finds the arrest and detention unconstitutional and calls the government's insistence on holding him galling, which condemns it.
This label describes the statement's response within the context above.
Sources
(3)
Original text
Emergency order granting petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Relevant passage: Doc. 24, full order, 16 pages
About this source
Judge Michael J. Davis grants William Lizardo's habeas petition, finds that his arrest and detention violate the Fourth and Fifth Amendments, denies the government's motion to dismiss the case as moot, and orders his release on his own recognizance by 6 p.m. on November 1, 2026. The order bars ICE from re-detaining or removing him without first asking the court.
- Author
- U.S. District Court for the District of Minnesota, Judge Michael J. Davis
- Published
- Accessed
Original text
Order dismissing petition for writ of habeas corpus, William L. v. Brott, No. 26-cv-04609 (D. Minn.)
Relevant passage: Doc. 26, one page
About this source
Judge Davis records that the parties told the court on November 1, 2026 that Lizardo had been released under its order, and dismisses the petition without prejudice.
- Author
- U.S. District Court for the District of Minnesota, Judge Michael J. Davis
- Published
- Accessed
Reporting
Judge Blasts ICE Over 'Appalling' Arrest of Dentist
Relevant passage: Full article, as updated November 5, 2026
About this source
Newsweek reports Judge Davis's November 1 order and Lizardo's release that night. It quotes his attorney, Hassan Ahmad (added November 2), and a Department of Homeland Security spokesperson (added November 5).
- Author
- Billal Rahman
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- Judge orders ICE to release a Minnesota dentist arrested at his green card interview; DHS says he overstayed
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- Permalink
- https://disputeindex.com/cases/judge-davis-orders-release-dentist-william-lizardo-ice-arrest
The Dispute Index. "Judge orders ICE to release a Minnesota dentist arrested at his green card interview; DHS says he overstayed". First published: 2026-11-09. Last updated: 2026-11-09. https://disputeindex.com/cases/judge-davis-orders-release-dentist-william-lizardo-ice-arrest