Feel safer now?

Well, at least he wasn’t transporting sixty pounds of methampheamine — at least he wasn’t doing that!

Meth-carrying — 57 lbs — Jesus released by sympathetic judge

They won’t call him deportee

In “The cornerstone 2026” I noted the case of Junior de Jesus Herrera Berrios, the “Burnsville man” (according to the Star Tribune) who was tackled and detained by ICE agents in the Hennepin County Government Center. He was apprehended when he sought to run away from the agents following a state court hearing on drug charges. The drug charges derive from a traffic stop resulting in the discovery of 57 pounds of methamphetamine in his car.

Herrera Berrios has now been released from ICE custody on the order of Senior Minnesota Federal District Judge Donovan Frank. The current Star Tribune story on his habeas case includes this paragraph:

Several of the court records in the case were sealed, but Frank’s order notes that while the federal government argued Herrera Berrios was detained as part of a Title 8 immigration enforcement, that does not apply to Herrera Berrios because “he has been in the United States for over three years” and is not an arriving noncitizen.

The Star Tribune to the contrary notwithstanding, Judge Frank describes Herrera Berrios as a St. Paul resident (and citizen of Guatemala). According to Judge Frank, Señor Herrera Berrios lives with his girlfriend and has strong ties to the community. With 57 pounds of meth to sell, he must have had quite a few local customers strengthening his ties to the community.

Excerpts from the court’s Memorandum of Decision:

5. Respondents are directed to release Petitioner:

a. In Minnesota;

5 b. With all personal documents and belongings, such as his driver’s license, passport, other immigration documents, and cell phone;

c. Without any conditions on release, including but not limited to requiring Petitioner to sign an “Order of Release on Recognizance” or requiring Petitioner to enroll and complete an “Alternatives to Detention” program;

d. Without any tracking devices or use of a tracking application; and

…. 8. Within thirty (30) days of final judgment in this action, Petitioner may move to recover attorneys’ fees and costs under the Equal Access to Justice Act.