Judge orders ICE to free Canadian dentist, calls his Minnesota arrest 'appalling'

A federal judge in Minnesota ordered Immigration and Customs Enforcement (ICE) to release William Virgil Lizardo, a 32-year-old Canadian dentist and father. U.S. District Judge Michael J. Davis ruled that the arrest and detention violated the Fourth and Fifth Amendments. He found an "obvious" risk that Lizardo had been wrongly deprived of his liberty ¹.

Davis, appointed by President Bill Clinton, signed the order on Nov. 1. He told officials to release Lizardo in Minnesota by 6 p.m. Sunday. He also barred the government from detaining, transferring or removing him again without the court's permission ¹.

On tapeWCCO - CBS Minnesota · Nov 1

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The hubris of admitting that USCIS made a big mistake, but not even offering any sort of relief is galling, although not surprising,

How a missed notice led to an arrest

Lizardo came to the U.S. in 2019 on a student visa to attend the University of Minnesota School of Dentistry. He graduated in 2023 and married a U.S. citizen who had been his classmate. Their daughter was born in April 2025 ¹.

In January 2026, the U.S. Citizenship and Immigration Services agency (USCIS) denied his green card application. It said he had not provided a certified Ontario court record tied to a 2012 charge that was withdrawn after diversion. His appeal was still pending when the judge ruled ¹.

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The Department of Homeland Security (DHS) then issued a notice for a March 26 immigration court hearing. According to the judge's order, the notice went to an address that conflicted with newer address information USCIS already held. Lizardo missed the hearing and was ordered removed in his absence ¹.

He did not learn of the notice, the hearing or the removal order until Oct. 23, when he appeared with an attorney for an immigration interview in St. Paul. Two ICE agents arrested him at the end of it, and he was taken to the Sherburne County Jail ¹. His wife, Lauren Lizardo, said the notice was mailed to a Virginia address they had left more than two years earlier ².

we had no way of knowing there was this notice to appear, but they still detained him because he didn't appear to something we didn't know was happening.

What the judge rejected

An immigration court reopened his case on Oct. 28, after finding he had shown he never got the notice ¹. Federal officials then argued the court case should be dismissed because he was now held under a different part of immigration law. Davis disagreed. He found no new warrant or custody decision supporting the detention, and no evidence that Lizardo was a flight risk ¹.

Davis wrote that Lizardo had a record of showing up for appointments when he got notice. He had also kept USCIS informed of address changes and had strong family and community ties ¹.

What happens next

The ruling does not give Lizardo permanent residency or settle his immigration case. His proceedings stay reopened ¹. If the government wants to detain him again, it must name its legal authority and any changed circumstances. It must also show by clear and convincing evidence that release conditions could not ensure his appearance and public safety ¹.

Newsweek said it had contacted DHS and Lizardo's legal team for comment ¹. Earlier reports said ICE had not acknowledged a request for information about the detention ².

That matters because the case shows how a paperwork error can lead to jail for someone who was doing what the system asked. The administration and DHS officials have often criticized judges who limit immigration enforcement, accusing some of overstepping their authority ¹.

The Record

1. Jan 1, 2026USCIS denied Lizardo's green card application; his appeal was still pending in November ¹.
2. Oct 23, 2026Two ICE agents arrested Lizardo at the end of an immigration interview in St. Paul ¹.
3. Oct 28, 2026An immigration court rescinded the removal order and reopened his case ¹.
4. Nov 1, 2026Judge Michael J. Davis ordered Lizardo released by 6 p.m. Sunday ¹.

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<h2>Judge orders ICE to free Canadian dentist, calls his Minnesota arrest &#39;appalling&#39;</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/judge-orders-ice-to-free-canadian-dentist-calls-his-minnesota-arrest-appalling">The GOP Files</a> on Monday, November 2, 2026.</em></p> <p>A federal judge in Minnesota ordered Immigration and Customs Enforcement (ICE) to release William Virgil Lizardo, a 32-year-old Canadian dentist and father. U.S. District Judge Michael J. Davis ruled that the arrest and detention violated the Fourth and Fifth Amendments. He found an &quot;obvious&quot; risk that Lizardo had been wrongly deprived of his liberty .</p> <p>Davis, appointed by President Bill Clinton, signed the order on Nov. 1. He told officials to release Lizardo in Minnesota by 6 p.m. Sunday. He also barred the government from detaining, transferring or removing him again without the court&#39;s permission .</p> <blockquote><p>The hubris of admitting that USCIS made a big mistake, but not even offering any sort of relief is galling, although not surprising,</p><p>&mdash; Michael J. Davis, U.S. District Judge, Minnesota</p></blockquote> <h2>How a missed notice led to an arrest</h2> <p>Lizardo came to the U.S. in 2019 on a student visa to attend the University of Minnesota School of Dentistry. He graduated in 2023 and married a U.S. citizen who had been his classmate. Their daughter was born in April 2025 .</p> <p>In January 2026, the U.S. Citizenship and Immigration Services agency (USCIS) denied his green card application. It said he had not provided a certified Ontario court record tied to a 2012 charge that was withdrawn after diversion. His appeal was still pending when the judge ruled .</p> <p>The Department of Homeland Security (DHS) then issued a notice for a March 26 immigration court hearing. According to the judge&#39;s order, the notice went to an address that conflicted with newer address information USCIS already held. Lizardo missed the hearing and was ordered removed in his absence .</p> <p>He did not learn of the notice, the hearing or the removal order until Oct. 23, when he appeared with an attorney for an immigration interview in St. Paul. Two ICE agents arrested him at the end of it, and he was taken to the Sherburne County Jail . His wife, Lauren Lizardo, said the notice was mailed to a Virginia address they had left more than two years earlier .</p> <blockquote><p>we had no way of knowing there was this notice to appear, but they still detained him because he didn&#39;t appear to something we didn&#39;t know was happening.</p><p>&mdash; Lauren Lizardo, wife of William Lizardo</p></blockquote> <h2>What the judge rejected</h2> <p>An immigration court reopened his case on Oct. 28, after finding he had shown he never got the notice . Federal officials then argued the court case should be dismissed because he was now held under a different part of immigration law. Davis disagreed. He found no new warrant or custody decision supporting the detention, and no evidence that Lizardo was a flight risk .</p> <p>Davis wrote that Lizardo had a record of showing up for appointments when he got notice. He had also kept USCIS informed of address changes and had strong family and community ties .</p> <h2>What happens next</h2> <p>The ruling does not give Lizardo permanent residency or settle his immigration case. His proceedings stay reopened . If the government wants to detain him again, it must name its legal authority and any changed circumstances. It must also show by clear and convincing evidence that release conditions could not ensure his appearance and public safety .</p> <p>Newsweek said it had contacted DHS and Lizardo&#39;s legal team for comment . Earlier reports said ICE had not acknowledged a request for information about the detention .</p> <p>That matters because the case shows how a paperwork error can lead to jail for someone who was doing what the system asked. The administration and DHS officials have often criticized judges who limit immigration enforcement, accusing some of overstepping their authority .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/judge-orders-ice-to-free-canadian-dentist-calls-his-minnesota-arrest-appalling">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/judge-orders-ice-to-free-canadian-dentist-calls-his-minnesota-arrest-appalling.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. Newsweek, “Judge Blasts ICE Over 'Appalling' Arrest of Dentist” (2026-11-02). newsweek.com/judge-blasts-ice-over-appalling-arrest-of-denti
2. VisaVerge, “Canadian-born dentist taken into ICE custody at green card interview, wife says” (2026-10-24). visaverge.com/legal/canadian-born-dentist-taken-into-ice-cus

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