Citing 'discretionary decision,' US defends holding University of Minnesota student in ICE custody

Sarah Nelson, Star Tribune on Apr 7, 2025

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The federal government has asked a judge to dismiss a University of Minnesota student’s petition demanding his release from Immigration and Customs Enforcement custody, arguing the court does not have the authority to review the “discretionary decision” of its agents.

Dogukan Gunaydin, a master’s student at the University of Minnesota’s Carlson School of Management who is from Turkey, has remained in custody since his March 27 arrest outside his St. Paul apartment by U.S. Immigration and Customs Enforcement officials. The U.S. Department of Homeland Security said the arrest stemmed from Gunaydin’s drunken driving conviction from 2023.

The 28-year-old alleges his detainment violated his rights and demanded his release in a court filing last week. In his petition known as a writ, Gunaydin argued he was not told the reason for his arrest and his cellphone was seized, leaving him without access to friends, family or attorney for hours.

U.S. Magistrate Judge Douglas Micko on Wednesday ordered the federal government to explain why Gunaydin should not be released from the Sherburne County jail and have his visa returned while the case plays out in court.

In a 19-page response to the judge’s order, the U.S. Attorney’s Office representing President Donald Trump and members of his Cabinet argued the federal court cannot weigh in on ICE’s decision to detain or arrest Gunaydin.

“This Court has no jurisdiction to review the discretionary decision of ICE to commence removal proceedings against Dogukan,” officials said.

The U.S. Attorney’s Office further pointed to a bond hearing for Gunaydin scheduled Tuesday morning in immigration court, which officials called the “sole forum” for where he’s able to raise his concerns.

“That will present him with the first opportunity to make substantive arguments regarding his removability as well as his detention,” the response said. “This Court should allow those proceedings to play out.”

At bond hearings, an immigration judge determines whether to release a detained person on a number of factors, including whether they pose a flight risk or danger to the community. The individual in question can appeal the judge’s decision if they’re not released or they believe their bond is set too high.

“This Court should deny the petition because Dogukan failed to exhaust his administrative remedies,” the filing read, saying that by filing the petition before appearing before an immigration judge, he is “attempting an impermissible end-run around an available process that could render this litigation unnecessary, and which could resolve the matter.”

Beyond the hearing, Gunaydin has seven days to reply to the government’s response. The Minnesota Star Tribune has reached out to his attorney, Hannah Brown, for comment.

Gunaydin came to the United States from Istanbul in January 2022 with an F-1 Student Visa to enroll at St. Olaf College, according to court records.

In June 2023, Gunaydin was arrested in Minneapolis after a police officer said he “almost hit a stop light,” jumped a curb and weaved in and out of traffic, court records said. Gunaydin stopped the vehicle, but when the officer approached, he “drove away.” A breath test later returned a blood-alcohol reading twice the legal limit. He pleaded guilty to driving while intoxicated and received a six-month sentence.

Gunaydin’s arrest came amid a wave of detainments and visa revocations of international students enrolled in Minnesota universities. On April 2, five students at Minnesota State University, Mankato, had their visas terminated, the school’s president announced.

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