A Box Elder man, identified as Jose Louis G.G.(“Jose”), was arrested by ICE on February 27, 2026. When confronted by ICE agents outside his residence in Box Elder, Jose admitted that he was a citizen of Mexico and that his presence in the United States was unlawful. Jose was arrested, without a warrant, taken to the ICE office in Rapid City, and subjected to removal proceedings. Thereafter, Jose was transported to the Lawrence County Jail in Deadwood where he has been incarcerated.
A petition for a Writ of Habeas Corpus was filed on Jose’s behalf on March 12 in the U.S. District Court of South Dakota, Western Division in Rapid City and assigned to the Honorable Karen E. Schreier. Judge Schreier entered a restraining order on March 12 which prohibited Jose’s removal from South Dakota for a period of 14 days, during which time the legality of his arrest and removal proceeding came under scrutiny. In a written ruling handed down on the final day of the 14day period, March 26, Judge Schreier denied the habeas corpus petition and dismissed the case.
Judge Schreier’s ruling states that, “[Jose]has been living in the United States for about eight years since entering [unlawfully, and that he] is not married but has a minor child who is cared for by the mother.” It further states that, “Jose has no criminal history since residing in the United States.”
Judge Schreier’s ruling, which is seven pages long, instructs that this decision is mandated by Avila v. Bondi, No. 25-3248 (8th Cir. 2026) a decision handed down by the 8th Circuit Court of Appeals on the preceding day, March 25. The Avila decision involved facts similar to those in Jose’s situation.
This case was handled by Assistant U.S. Attorney Yvette K. Lafrentz, on behalf of the Government. Jose is represented by James D. Leach, Rapid City Attorney. Efforts to reach Mr. Leach for comment (about a possible appeal) have not been successful. For a copy of Judge Schreier’s ruling, please send an e-mail to rogermbaron@gmail.com .
