District of Colorado • 1:26-cv-00732

#1

Feb 23, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10838418)Attorney Kaitlin Johnson added to party Jonny Hernandez-Castro(pty:pla), filed by Jonny Hernandez-Castro. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Johnson, Kaitlin) (Entered: 02/23/2026)

#2

Feb 23, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 02/23/2026)

#3

Feb 23, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 02/23/2026)

#4

Feb 23, 2026

ORDER by Magistrate Judge Susan Prose on February 23, 2026. Upon review of Petitioner's 1 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the court grant the Petition, "[d]eclare Petitioner's detention without a possibility of bond unlawful pursuant to the Due Process clause of the Fifth Amendment of the United States Constitution[ ] and the Immigration and Nationality Act," and "[o]rder Petitioner's immediate release on bond," it is ORDERED that Petitioner shall serve Respondents with a copy of the 1 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before February 25, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the 1 Petition and SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) on or before March 4, 2026. Text Only Entry (sbplc6, ) (Entered: 02/23/2026)

Feb 23, 2026

Order

#5

Mar 03, 2026

NOTICE of Entry of Appearance by Elizabeth Susan Ford Milani on behalf of Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs EnforcementAttorney Elizabeth Susan Ford Milani added to party Board of Immigration Appeals, The(pty:res), Attorney Elizabeth Susan Ford Milani added to party Pamela Bondi(pty:res), Attorney Elizabeth Susan Ford Milani added to party Johnny Choate(pty:res), Attorney Elizabeth Susan Ford Milani added to party Executive Office for Immigration Review, The(pty:res), Attorney Elizabeth Susan Ford Milani added to party Todd Lyons(pty:res), Attorney Elizabeth Susan Ford Milani added to party Kristi Noem(pty:res), Attorney Elizabeth Susan Ford Milani added to party United States Immigration and Customs Enforcement(pty:res) (Ford Milani, Elizabeth) (Entered: 03/03/2026)

#6

Mar 06, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs Enforcement, Arthur Wilson All parties consent.. (Ford Milani, Elizabeth) (Entered: 03/06/2026)

#7

Mar 06, 2026

RESPONSE to 4 Order,,,, by Respondents Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs Enforcement, Arthur Wilson. (Attachments: # 1 Exhibit A)(Ford Milani, Elizabeth) (Entered: 03/06/2026)

#8

Mar 12, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 6 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose. Judge Prose will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 3/12/2026. Text Only Entry (dddlc1, ) (Entered: 03/12/2026)

Mar 12, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#9

Mar 13, 2026

ORDER by Magistrate Judge Susan Prose on March 13, 2026. By no later than March 20, 2026, Petitioner is directed to file a Reply to Respondents' 7 Response of no more than ten (10) pages. In this Reply, Petitioner should address whether he contests Respondents' representation that he is properly detained pursuant to 8 U.S.C. § 1231(a)(6), and if so, upon what grounds; he should also address any other salient matters raised by Respondents. Text Only Entry (sbplc6, ) (Entered: 03/13/2026)

Mar 13, 2026

Order

#10

Mar 25, 2026

NOTICE of Entry of Appearance by Jonathon Gregory Bell on behalf of Jonny Hernandez-CastroAttorney Jonathon Gregory Bell added to party Jonny Hernandez-Castro(pty:pet) (Bell, Jonathon) (Entered: 03/25/2026)

#11

Mar 25, 2026

MOTION for Leave to file reply out of time 7 Response, by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 03/25/2026)

#12

Mar 25, 2026

REPLY to 7 Response, by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 03/25/2026)

#13

Apr 09, 2026

ORDER by Magistrate Judge Susan Prose on April 9, 2026. The 11 Motion for Leave to File Reply Out of Time is GRANTED and the 12 Reply is accepted by the court as timely. Text Only Entry (sbplc6, ) (Entered: 04/09/2026)

#14

Apr 09, 2026

ORDER by Magistrate Judge Susan Prose on April 9, 2026. Having reviewed and considered the briefing already submitted by the parties, the court respectfully finds it necessary to ORDER additional briefing on the following closely related issues: (1) whether the ninety-day removal period provided in 8 U.S.C. § 1231 begins to run immediately at the time an alien's order of removal becomes administratively final whether or not the alien is presently detained; (2) whether the six-month "presumptively reasonable" period for detaining the alien discussed in Zadvydas v. Davis, 533 U.S. 678 (2001), also begins to run at that time; and (3) if either or both of these periods elapsed before the alien was detained, whether the court must nonetheless consider, pursuant to Zadvydas, whether there is no significant likelihood that the alien will be removed in the reasonably foreseeable future, and--as applicable--whether Petitioner is likely to be removed in the reasonably foreseeable future. The parties should also briefly address (4) whether Petitioner has failed to administratively exhaust his claims. Accordingly, by no later than April 16, 2026, the court orders the parties to file supplemental briefing on these issues on the docket in this matter. In doing so, the court directs the parties to address the analyses of these issues provided in, inter alia, Ulysse v. Dep't of Homeland Sec., 291 F. Supp. 2d 1318 (M.D. Fla. 2003); Farez-Espinoza v. Chertoff, 600 F. Supp. 2d 488 (S.D.N.Y. 2009); Diaz-Ortega v. Lund, No. 19-cv-670-P, 2019 WL 6003485, at *8 (W.D. La. Oct. 15, 2019); Cheng Ke Chen v. Holder, 783 F. Supp. 2d 1183, 1192 (N.D. Ala. 2011), and Jiang v. Bondi, No. 25-cv-922-KG-GBW, 2025 WL 3281819, at *2 (D.N.M. Nov. 25, 2025), as well as any other cases the parties deem to be applicable and relevant. The parties need not confer and may file their supplemental briefs separately. Absent exceptional circumstances, no extensions will be granted. Text Only Entry (sbplc6, ) (Entered: 04/09/2026)

Apr 09, 2026

Order on Motion for Leave

Apr 09, 2026

Order

#15

Apr 16, 2026

NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs Enforcement, Arthur WilsonAttorney Jane Bobet Rejko added to party Board of Immigration Appeals, The(pty:res), Attorney Jane Bobet Rejko added to party Pamela Bondi(pty:res), Attorney Jane Bobet Rejko added to party Johnny Choate(pty:res), Attorney Jane Bobet Rejko added to party Executive Office for Immigration Review, The(pty:res), Attorney Jane Bobet Rejko added to party Todd Lyons(pty:res), Attorney Jane Bobet Rejko added to party Kristi Noem(pty:res), Attorney Jane Bobet Rejko added to party United States Immigration and Customs Enforcement(pty:res), Attorney Jane Bobet Rejko added to party Arthur Wilson(pty:res) (Bobet Rejko, Jane) (Entered: 04/16/2026)

#16

Apr 16, 2026

BRIEF re 14 Order,,,,,,,, by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 04/16/2026)

#17

Apr 16, 2026

BRIEF re 14 Order,,,,,,,, Respondents' Supplemental Brief pursuant to the Court's Order by Respondents Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs Enforcement. (Bobet Rejko, Jane) (Entered: 04/16/2026)

#18

Aug 14, 2026

STATUS REPORT REGARDING MOOTNESS OF ZADVYDAS TIMING DISPUTE AND REQUEST FOR RULING by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 08/14/2026)

#19

Aug 25, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 08/25/2026. A Status Conference in this matter is set for August 27, 2026, at 10:00 a.m., before Magistrate Judge Susan Prose. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections.If the parties have a conflict with this date and time, they may jointly contact the courtroom deputy ( Stefanie_Jeffries@cod.uscourts.gov) to reschedule. Text Only Entry (sjeff) (Entered: 08/25/2026)

Aug 25, 2026

Order

#20

Aug 27, 2026

COURTROOM MINUTES for Status Conference held on 8/27/2026 before Magistrate Judge Susan Prose. for the reasons stated on the record it is ORDERED:On or before August 31, 2026, Petitioner shall file a supplemental brief addressing the issue of continued detention in light of recent rulings in this court.Respondents may file a reply brief on or before September 3, 2026.A Status Conference in this matter is set for September 4, 2026, at 10:00 a.m., before Magistrate Judge Susan Prose. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections.FTR: A502. (sjeff) (Entered: 08/28/2026)

#21

Aug 31, 2026

BRIEF re 20 Status Conference,,,, Set/Reset Deadlines/Hearings,,, by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 08/31/2026)

#22

Sep 03, 2026

REPLY to 21 Brief by Respondents Board of Immigration Appeals, The, Pamela Bondi, Johnny Choate, Executive Office for Immigration Review, The, Todd Lyons, Kristi Noem, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit A - Allbritton Decl., # 2 Exhibit Allbritton Decl. Attachment 1, # 3 Exhibit Allbritton Decl. Attachment 2, # 4 Exhibit Allbritton Decl. Attachment 3)(Bobet Rejko, Jane) (Entered: 09/03/2026)

#23

Sep 04, 2026

COURTROOM MINUTES for Status Conference held on 9/4/2026 before Magistrate Judge Susan Prose. For the reasons stated on the record, it is ORDERED:Petitioner's application for habeas relief (ECF No. [1)] is DENIED. Judgment shall enter in favor of Respondents, and the Clerk of Court shall close this case. FTR: A502. (sjeff) (Entered: 09/04/2026)

#24

Sep 04, 2026

FINAL JUDGMENT pursuant to Orders 14 and 23 . Entered by the Clerk of the Court on 09/04/2026. (sjeff) (Entered: 09/04/2026)

#25

Oct 01, 2026

MOTION to Alter Judgment by Petitioner Jonny Hernandez-Castro. (Attachments: # 1 Exhibit Emails with ICE, # 2 Exhibit Declaration)(Bell, Jonathon) (Entered: 10/01/2026)

#26

Oct 09, 2026

MOTION to Withdraw PENDING RULE 59(e) MOTION AS MOOT by Petitioner Jonny Hernandez-Castro. (Bell, Jonathon) (Entered: 10/09/2026)

Oct 14, 2026

Order on Motion to Withdraw