Citing ‘discretionary decision,’ U.S. defends holding University of Minnesota student in ICE custody

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 that the court does not have the authority to review the “discretionary decision” of its agents.

Doğukan Günaydin, 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 Immigration and Customs Enforcement officials. The U.S. Department of Homeland Security said the arrest stemmed from Günaydin’s drunken driving conviction in 2023.

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

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

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

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

“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 based on a number of factors, including whether they pose a flight risk or danger to the community. The individual 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 Doğukan 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, Günaydin has seven days to reply to the government’s response.

Günaydin 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, Günaydin 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. Günaydin 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.

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