A federal judge has ordered the immediate release of Aditya Harsono, the 34-year-old Marshall, Minn., man who was detained by immigration authorities in late March for allegedly overstaying his student visa.
“The Court finds that Mr. H has shown that he is in custody in violation of the First Amendment,” Judge Katherine Menendez’s order reads, “and is entitled to a writ of habeas corpus for his immediate release.”
Menendez also ordered that Harsono be released within 48 hours. Harsono’s attorney, Sarah Gad, said her client’s family posted the $5,000 bond.
Aditya Harsono, left, stands next to his wife, Peyton Harsono, who holds their infant daughter Adalet. The 33-year-old Marshall, Minn. man was detained by U.S. Immigration and Customs Enforcement days after his student F-1 visa was revoked on March 23, 2025. Harsono is currently being held at the Kandiyohi County Jail in Willmar, Minn. (Courtesy of Peyton Harsono)
“The federal judge agreed with us — me and my co-counsel — that his detention was unlawful in order that he’d be released,” Gad said. “So, we’re trying to get everything in gear to make that happen as soon as possible.”
Harsono petitioned for his release, stating his detainment was unconstitutional.
Harsono, who came to the United States from Indonesia, told MPR News he believed his arrest was in retaliation for his participation in protests after the 2021 police killing of Daunte Wright in Minneapolis.
Immigration and Customs Enforcement officers arrested Harsono in March at his job at a Marshall hospital, days after his student visa was revoked without his knowledge. He has been in custody for nearly two months at the Kandiyohi County Jail in southwestern Minnesota.
Gad stated that Harsono’s I-130 form that was expedited had been approved last Friday. The I-130 form is used to petition for a green card by U.S. citizens and lawful permanent residents for those wishing to immigrate and is considered the first step in the process for many family-based green card applications.
“I’m just so grateful for my co-counsel,” Gad said. “We’ve been working day and night on this federal habeas petition and our reply brief, and just like … it’s incredibly rewarding and I’m just, I’m so happy for them.”
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