DOJ Challenges Minnesota Judge's Contempt Order on Government Attorney
DOJ appeals a contempt order imposing $500 daily fines on its attorney over ICE detainee property.
Why it matters: This dispute reveals rising tensions between federal agencies and courts over compliance enforcement. It also raises questions about holding government lawyers personally liable for agency actions.
- Judge Laura Provinzino held DOJ attorney Matthew Isihara in civil contempt over ICE's failure to release detainee Rigoberto Soto Jimenez's property.
- Isihara faced $500 per day fines until ICE returned the property; fines stopped once compliance occurred.
- DOJ argues before the Eighth Circuit that penalizing attorneys personally to enforce agency compliance is improper.
- Federal judges have increasingly confronted ICE over detainee rights, including direct court orders to ICE leadership and compensation mandates.
U.S. District Judge Laura Provinzino found Special Assistant U.S. Attorney Matthew Isihara in civil contempt for failing to ensure Immigration and Customs Enforcement (ICE) complied with orders to release detainee Rigoberto Soto Jimenez's personal property in Minnesota. The judge imposed a fine of $500 per day on Isihara to compel compliance.
ICE complied by returning Jimenez's property before any fines accrued, effectively purging the contempt. Nevertheless, the Justice Department appealed the contempt order to the Eighth Circuit Court of Appeals. DOJ contends it is improper to hold an attorney personally liable as a coercive tool against their client, with department attorney Daniel Tenny stating, "That mechanism of driving a wedge between the lawyer and the client by inserting the lawyer’s personal interests... is entirely improper."
This case is part of broader judiciary frustration with ICE's repeated non-compliance. In January 2026, Chief U.S. District Judge Patrick J. Schiltz ordered ICE's acting director to explain the agency's failures to comply with detainee bond hearing orders, criticizing the agency for deploying agents without adequate legal preparation.
In another related ruling, in March 2026, Judge John R. Tunheim determined ICE unlawfully retained detainees' property after release and mandated compensation within 30 days.
These developments highlight challenges in balancing agency enforcement and judicial oversight, particularly when government attorneys are caught in that tension. The DOJ's appeal will shape how courts enforce compliance and the limits on holding attorneys personally accountable for agency actions.
By the numbers:
- $500 per day — fine imposed on attorney Matthew Isihara for contempt
- 130 cases — handled by Isihara in one month
- 30 days — ICE's deadline to compensate detainees per Judge Tunheim's order
Yes, but: The fines stopped as soon as ICE returned the property, showing compliance can be quickly achieved despite the dispute over individual liability.
What's next: Awaiting the Eighth Circuit's decision on the DOJ appeal, which will clarify rules on attorney liability in agency compliance enforcement.