A federal judge in Minnesota has ordered Immigration and Customs Enforcement to release William Virgil Lizardo, DDS, a Canadian dentist working in Minnesota who was detained after an immigration hearing notice was sent to an outdated address, Newsweek reported Nov. 2.
U.S. District Judge Michael J. Davis ruled Nov. 1 that the arrest and detention of Dr. Lizardo violated the Fourth and Fifth Amendments. Mr. Davis ordered his release and barred the government from detaining, transferring or removing him again without court permission.
According to court filings, Dr. Lizardo entered the U.S. in 2019 on a student visa to attend the University of Minnesota School of Dentistry and graduated in 2023. He then married a U.S. citizen, who filed a petition for an alien relative while Dr. Lizardo applied for permanent residency. The relative petition was approved, but U.S. Citizenship and Immigration Services denied his permanent residency application in January for lack of a certified Ontario court record tied to a withdrawn 2012 charge. His appeal is pending.
DHS sent a notice for a March 26 immigration hearing to a previous address, leading to an order of removal. He learned of the notice and order Oct. 23 and was arrested at an immigration interview in St. Paul. An immigration court rescinded the removal order Oct. 28.
The ruling does not grant Dr. Lizardo permanent residency, and his immigration case remains open.
