A federal judge in Minnesota has held a Justice Department attorney in civil contempt and ordered him to pay $500 daily fines over his handling of an immigration detention case. U.S. District Judge Laura Provinzino, who was appointed by former President Joe Biden, found Special Assistant U.S. Attorney Matthew Isihara in civil contempt on Wednesday (February 19).

The contempt ruling centers on the case of Rigoberto Soto Jimenez, a Mexican immigrant detained in Big Lake, Minnesota. Soto Jimenez has lived in the United States since 2018, has no criminal history, and is married to a U.S. permanent resident, according to court filings. He was arrested by U.S. Immigration and Customs Enforcement personnel on January 14 as part of Operation Metro Surge.

Judge Provinzino ordered Soto Jimenez's release on February 9, finding that the government lacked an administrative warrant to justify his detention and that mandatory detention laws should not apply to him. The judge specified that he be released "without imposing any conditions of release" and that "all property" be returned to him. The release deadline was set for 5:00 p.m. on February 13.

While ICE met the release deadline, the agency released Soto Jimenez without any of his identification paperwork, which appeared to violate Provinzino's order. On Tuesday, the judge scheduled a hearing for the government to explain why it should not be held in contempt for failing to comply with her directives.

At Wednesday's hearing, Isihara acknowledged that Provinzino's order had fallen "through the cracks." He attributed the failure to an overwhelming caseload and inadequate staffing to handle civil litigation related to Operation Metro Surge. "I don't think it is acceptable," Isihara told the court. "I believe the volume of work over the last few weeks has exceeded the capacity of any one AUSA."

The daily $500 fines will begin accruing on Thursday and will continue every day that Soto Jimenez does not have his identification documents. The fines will cease once the government certifies that he has received them. Soto Jimenez's attorney stated that the government has provided a tracking number for overnight shipment of the identification documents, with delivery expected Thursday.

Isihara is among military lawyers who have agreed to temporarily work for the U.S. attorney's office to fill staffing gaps left by resignations of Minnesota prosecutors. He was most recently a judge advocate for the U.S. Army before beginning a detail in January from the Defense Department to the Justice Department.

The contempt finding reflects growing tensions between federal courts and the government during increased immigration enforcement. U.S. attorneys across the country have reported that their resources have been overwhelmed by litigation from migrants challenging their detention. Minneapolis U.S. Attorney Daniel Rosen told a court last month that the increase in cases "imposes an enormous burden on this U.S. Attorney's Office."

The surge of new cases stems from the Trump administration's decision to require nearly all noncitizens arrested by immigration authorities to be detained while their cases proceed.

Armstrong & Getty