DHS says Lizardo chose to overstay 'in defiance of our nation's laws'
U.S. Department of Homeland SecurityDepartment of Homeland Security spokesperson, in a statement to Newsweek
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.
Responding to
William Lizardo's arrest and detention by ICE violated the Fourth and Fifth Amendments.
“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.”
Reporting
Where this statement fits
Judge orders ICE to release a Minnesota dentist arrested at his green card interview; DHS says he overstayed
On November 1, 2026, U.S. District Judge Michael J. Davis granted William Lizardo's petition for a writ of habeas corpus and ordered ICE to release him. Lizardo, a 32-year-old dentist from Mississauga, Ontario, who is married to a U.S. citizen, was arrested by two ICE agents on October 23 at the end of an immigration interview in St. Paul, Minnesota, on a removal order entered after he missed a hearing. Davis found that USCIS's own files showed Lizardo no longer lived at the address where the hearing notice and removal order were sent, that his arrest and detention violated the Fourth and Fifth Amendments, and that no facts or legal argument support keeping him detained after the government admitted the error. A DHS spokesperson told Newsweek that a pending application does not confer legal status, that Lizardo chose to overstay, and called Davis a Clinton-appointed activist judge.
Source and context
Reporting
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).
Archived copy (opens in a new tab)Before the quotation
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.
After the quotation
Newsweek reports that Lizardo practiced dentistry in federally designated shortage areas until his work authorization was revoked and later volunteered at a low-cost clinic in Burnsville, Minnesota.
How this statement is classified
The label describes this statement's response within the context above.
Why 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.
- Recorded on
- Published here
- People and groups discussed
- Michael J. Davis
More from this case
Read the full caseLizardo's attorney says the government kept fighting to detain him after making a 'huge mistake'
“What should shock the conscience of every American is that this was a case where the government knew it made a huge mistake, sending a deportation notice to an address it knew was stale, but even after the case was reopened, they persisted in fighting to keep Dr. Lizardo detained”Read statement
Judge Davis calls the government's insistence on detaining Lizardo after admitting USCIS's mistake 'galling'
“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.”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- DHS says Lizardo chose to overstay 'in defiance of our nation's laws'
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/8454-a-dhs-spokesperson-tells-newsweek-that-lizardo-entered
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "DHS says Lizardo chose to overstay 'in defiance of our nation's laws'". First published: 2026-11-09. Last updated: 2026-11-09. https://disputeindex.com/events/8454-a-dhs-spokesperson-tells-newsweek-that-lizardo-entered