Federal judge orders release of Mankato student arrested by ICE

A U.S. district judge has ordered the release of a Minnesota State University, Mankato, student from Bangladesh who was detained in late March by U.S. Immigration and Customs Enforcement (ICE) agents, determining that he was targeted for his social media posts.

Mohammed Hoque, 20, had been held in the Freeborn County jail in Albert Lea since his arrest March 28 in front of his parents while returning home from a coding class. The Department of Homeland Security also terminated his visa, calling him a public safety threat.

Hoque pleaded guilty two years ago to a disorderly conduct charge that stemmed from an argument with his brother’s friend, which resulted in a year of probation.

In a lawsuit fighting his detention, Hoque contended he was jailed unlawfully and believes the reason for his arrest was his support on social media for Palestinians in the war between Israel and Hamas.

At a hearing April 9, an immigration judge determined that Hoque posed no flight risk and could be released on a $7,500 bond. The Department of Homeland Security swiftly filed an intent to appeal, leading to Hoque’s continued detention.

U.S. District Judge Jerry Blackwell in his order filed Monday said there’s “sufficiently clear evidence of viewpoint-based targeting” over Hoque’s social media posts and said the government failed to directly address Hoque’s request for an interim release.

“Without rebuttal evidence, the record supports a finding that Petitioner’s speech — not his past misdemeanor — brought him to the Government’s attention for enforcement,” the judge wrote.

Blackwell also said Hoque’s medical complications from prior abdominal surgery pose an “exceptionally significant concern” in his continued jailing, as well as the disruption it has caused to his schoolwork.

“These are not ordinary incidents of detention,” Blackwell concluded.

He ordered Hoque to be released on the previously determined bond of $7,500 while his federal lawsuit and immigration proceedings continue.

Since late March, Hoque and two other international students from Minnesota universities placed in federal immigration custody have argued in court against their removal from the country.

Aditya Wahyu Harsono of Indonesia was arrested March 27 at his workplace. Court records show that he was detained because he overstayed his student visa — which was secretly revoked four days before his arrest, apparently due to a past conviction for property damage, a misdemeanor.

Harsono’s wife contends the arrest was over his past participation in a 2021 protest against police killings of Black men.

Doğukan Günaydın, a graduate student at the University of Minnesota, was arrested outside his St. Paul residence over a previous drunken driving conviction. An immigration judge last Thursday terminated his deportation case, but he’s expected to remain in federal custody as the government appeals the decision.