Judge Orders ICE to Release Detained Canadian Dentist Due to Government Mistakes

A federal judge in Minnesota has mandated the release of a Canadian dentist and father detained by Immigration and Customs Enforcement (ICE). The decision comes after ICE sent an immigration hearing notice to an outdated address, according to government records.

U.S. District Judge Michael J. Davis, appointed by President Clinton, ruled on Sunday that the arrest and detention of William Virgil Lizardo, a 32-year-old dentist from Mississauga, Ontario, violated constitutional rights. Judge Davis emphasized that Lizardo faced an “obvious” risk of unjust deprivation of liberty.

“The hubris of admitting that USCIS made a big mistake, but not even offering any sort of relief is galling,” Davis stated in the November 1 order, describing the case details as “appalling.”

Judge Davis demanded Lizardo’s release no later than 6 p.m. Sunday in Minnesota, barring the government from further detention, transfer, or removal of Lizardo without court permission.

Federal judges often clash with the Trump administration over ICE’s enforcement limits, particularly concerning due process protections. Despite criticisms from administration and Department of Homeland Security (DHS) officials about judicial rulings impeding immigration enforcement, judges continue to uphold constitutional safeguards.

Lizardo initially entered the U.S. in 2019 using an F-1 student visa to study at the University of Minnesota School of Dentistry. After graduating in 2023, he married a U.S. citizen, his former classmate. Their daughter was born in April 2025.

His wife filed an alien relative petition in September 2023, leading Lizardo to apply for permanent resident status. The petition was approved in January 2025. Lizardo had practiced dentistry in shortage areas until his work authorization expired and then volunteered at a clinic.

However, USCIS denied his permanent residency application in January 2026, citing a missing certified Ontario court record related to a past charge that was withdrawn. Lizardo appealed the decision, which was pending during Judge Davis’ ruling.

Following USCIS actions, DHS issued Lizardo a Notice to Appear for a March 26 immigration hearing. Yet the notice went to an outdated address, and Lizardo missed the hearing. Consequently, he was ordered removed in his absence.

It wasn’t until October 23, during an immigration interview in St. Paul, that Lizardo discovered the notice, hearing, and removal order. ICE agents arrested him afterward, taking him to Sherburne County Jail.

On October 28, an immigration court granted Lizardo’s motion to rescind the removal order, citing evidence of inadequate notice. Federal officials wanted his case dismissed due to reopened immigration proceedings, but Judge Davis rejected this, noting no new arrest warrant or custody reasoning was provided.

Judge Davis highlighted Lizardo’s consistent appearance at immigration appointments when notified, updating USCIS on address changes, and maintaining strong community and family ties.

“It strains credulity to think that such a petitioner would flee,” Davis wrote.

Judge Davis approved Lizardo’s habeas corpus writ, ordering his release on recognizance. Authorities must return his belongings, and any future detention or removal requires court approval.

Future requests must clarify legal authority and changed circumstances. The government bears the burden to demonstrate that release conditions cannot ensure appearance and community safety.

The ruling is restricted to Lizardo’s immediate release and does not guarantee permanent residency nor resolve ongoing immigration matters, which remain active following the rescinded removal order.

For further inquiries, contact Newsweek editors Matthew Cannon and Trevor Davies.