Overview

• U.S. District Judge Susan Richard Nelson granted the order Tuesday after hearing arguments that Antonia Aguilar Maldonado was wrongfully held despite posting bond.
• Nelson found that ICE violated its own policies on detaining pregnant and nursing mothers and that separating her from a 22-month-old toddler inflicted irreparable harm.
• Maldonado was arrested July 17 and remained in Kandiyohi County Jail under an automatic stay after DHS appealed an immigration judge’s July 31 bond decision.
• Her attorneys filed a habeas corpus petition emphasizing her compliance in reopening her asylum case, lack of criminal history, work authorization and community support letters.
• The Department of Homeland Security and U.S. Attorney’s Office have indicated they will appeal as Maldonado prepares to reunite with her children and resume asylum proceedings.