Judge holds DHS officials in contempt, orders compensation to Mexican national released in winter storm

A federal judge held government officials in contempt for violating a court order protecting immigration detainee Fernando Gutierrez Torres from transfer.

Drivers navigate icy road conditions on a major roadway Monday, Jan. 26, 2026, in Carrollton, Texas, as a winter storm moved through the region. (AP Photo/Tony Gutierrez)

The agency realized the earliest they could reschedule his return to Minnesota was Jan. 27, which would be past the 48-hour release deadline mandated by the court. 

In a rush to comply with that 48-hour deadline, the agency decided to release him immediately in El Paso, Texas, rather than waiting to fly him back to Minnesota.

His belongings were allegedly withheld when he was freed, according to court documents.

JUDGE THREATENS CONTEMPT FOR ICE LEADER, ORDERS HIM TO APPEAR IN COURT

Tostrud ruled the haste to meet the deadline did not excuse the agency's contempt because ICE should not have violated the original court order by transferring Torres to Texas in the first place, and ordered the government to pay for Torres' nearly $570 flight home, which was initially covered by his attorney.

The government claimed the decision to transfer Torres was not made in "willful disregard for [sic] the Court's order."

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Alexandra Koch is a Fox News Digital journalist who covers breaking news, with a focus on high-impact events that shape national conversation.

She has covered major national crises, including the L.A. wildfires, Potomac and Hudson River aviation disasters, Boulder terror attack, and Texas Hill Country floods.

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