District of Colorado • 1:26-cv-01193

Barry v. Bondi

Completed

Case Information

Filed: March 23, 2026
Assigned to: Susan Prose
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: August 11, 2026
Last Activity: August 27, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 23, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 117453), filed by Abdoulaye Barry. (Attachments: # 1 Envelope, # 2 Receipt)(dhern, ) (Entered: 03/23/2026)
Main Document: APPLICATION
#2
Mar 23, 2026
MOTION to Expedite by Petitioner Abdoulaye Barry. (dhern, ) (Entered: 03/23/2026)
Main Document: Expedite
#3
Mar 23, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 03/23/2026)
#4
Mar 23, 2026
Order Directing Petitioner To Cure Deficiencies by Magistrate Judge Richard T. Gurley on 03/23/2026. Ordered that Petitioner shall cure the designated deficiencies within thirty (30) days from the date of this order. If Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, ) (Entered: 03/24/2026)
Main Document: Order
#5
Mar 30, 2026
AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Abdoulaye Barry.(echa, ) (Entered: 03/30/2026)
Main Document: AMENDED
#6
Apr 15, 2026
Order to Show Cause and Draw Case by Magistrate Judge Richard T. Gurley on 04/14/2026. ORDERED that Respondents must show cause in writing and filed with the Court within thirty (30) days from the date of this order as to why the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 5 ) should not be granted. Applicant may file a reply within thirty (30) days of Respondent's response to the show cause order. This case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (This case has been randomly reassigned to Magistrate Judge Susan B. Prose for all further proceedings. All future pleadings should be designated as 26-cv-01193-SBP.) For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, ) (Entered: 04/15/2026)
Main Document: Order Reassigning Case AND ~Util - Set/Clear Flags
#7
Apr 15, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (pklin, ) (Entered: 04/15/2026)
Main Document: Magistrate
#8
Apr 15, 2026
CERTIFICATE of Service by Clerk of Court re: Service of Process 5 Amended Application for Writ of Habeas Corpus, 6 Order to Show Cause and Draw Case. (Attachments: # 1 Certified mail receipts) (ccuen, ) (Entered: 04/15/2026)
Main Document: CERTIFICATE
#9
Apr 15, 2026
ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado, Re: 8 Certificate of Service (ccuen, ) (Entered: 04/15/2026)
Main Document: ACKNOWLEDGEMENT
#10
Apr 15, 2026
MINUTE ORDER. This case has been directly assigned to a magistrate judge. D.C.COLO.LCivR 40.1(c). Pursuant to D.C.COLO.LCivR 40.1(c)(4), IT IS ORDERED that the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form (ECF No. 7 ), copies of which have been issued to the parties, indicating either the unanimous consent of the parties or that consent has been declined, on or before 30 days of the date of this minute order. By Magistrate Judge Susan Prose on 4/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt, ) (Entered: 04/15/2026)
Main Document: Minute Order
#11
Apr 22, 2026
CERTIFIED MAIL RETURN of Service as to ICE Aurora Contract Detention Facility. (echa, ) (Entered: 04/24/2026)
Main Document: CERTIFIED
#12
Apr 24, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Abdoulaye Barry. Petitioner party does consent.. (agryan) (Entered: 04/27/2026)
Main Document: CONSENT
#13
May 01, 2026
Returned USPS Certified Mail Receipt re: 8 Certificate of Service Addressed to United States Attorney General. (ccuen, ) (Entered: 05/05/2026)
Main Document: Returned
#14
May 14, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi NoemAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Pam Bondi(pty:res), Attorney Elizabeth Erin Puskar added to party Robert Hagan(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Lyons(pty:res), Attorney Elizabeth Erin Puskar added to party Kristi Noem(pty:res) (Puskar, Elizabeth) (Entered: 05/14/2026)
Main Document: NOTICE
#15
May 14, 2026
RESPONSE to 5 Amended Application for Writ of Habeas Corpus, 1 Application for Writ of Habeas Corpus, RESPONSE to 5 Amended Application for Writ of Habeas Corpus, 1 Application for Writ of Habeas Corpus by Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit Ex. 1)(Puskar, Elizabeth) (Entered: 05/14/2026)
Main Document: RESPONSE
#16
May 15, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi Noem All parties consent.. (Puskar, Elizabeth) (Entered: 05/15/2026)
Main Document: CONSENT
#17
May 18, 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 12 and 16 Elections Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, who 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 05/18/2026. Text Only Entry. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan) (Entered: 05/18/2026)
May 18, 2026
Order on Consent to Jurisdiction of Magistrate Judge
#18
May 19, 2026
MINUTE ORDER. Applicant's Motion to Expedite (ECF No. 2 ) is denied. The Court issued an Order to Show Cause on April 15, 2026 (ECF No. 6 ) and Respondents filed a Response on May 14, 2026 (ECF No. 15 ). Applicant may file any reply within the time allowed. The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 5 ) will be considered in due course. By Magistrate Judge Susan Prose on 5/19/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(ggill, ) (Entered: 05/19/2026)
Main Document: Order on Motion to Expedite
#19
May 20, 2026
ORDER by Magistrate Judge Susan Prose on May 19, 2026. The Amended Application for Writ of Habeas Corpus (ECF No. 5) is GRANTED in part. Petitioner challenges his re-detention following revocation of supervised release without the written notice and informal interview required by 8 C.F.R. §§ 241.4 and 241.13. Respondents acknowledge that formal process remains pending. See ECF No. 15 at 56; Declaration of Jered Waba (ECF No. 15-1) 27. The Court finds that Petitioner is entitled to the process contemplated by the regulations. See Ekenge v. Baltazar, No. 1:26-cv-00630-SBP, 2026 WL 617341, at *11-18 (D. Colo. Mar. 5, 2026) (granting habeas relief where ICE revoked supervised release without notice or hearing in violation of due process and applicable regulations). Respondents shall complete the required notice and informal interview no later than May 28, 2026. Respondents shall file a status report confirming compliance no later than May 29, 2026. The Court declines to order immediate release at this time. If Respondents fail to provide the required process by the deadline, Petitioner may seek further relief. The Court declines to reach Petitioner's additional arguments at this stage.Text Only Entry. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (sbplc9, ) (Entered: 05/20/2026)
May 20, 2026
Order
#20
May 24, 2026
NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi NoemAttorney Katherine Ann Ross added to party Juan Baltazar(pty:res), Attorney Katherine Ann Ross added to party Pam Bondi(pty:res), Attorney Katherine Ann Ross added to party Robert Hagan(pty:res), Attorney Katherine Ann Ross added to party Todd Lyons(pty:res), Attorney Katherine Ann Ross added to party Kristi Noem(pty:res) (Ross, Katherine) (Entered: 05/24/2026)
Main Document: NOTICE
#21
May 29, 2026
STATUS REPORT by Respondents Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi Noem. (Ross, Katherine) (Entered: 05/29/2026)
Main Document: STATUS
#22
May 29, 2026
Letter by Petitioner Abdoulaye Barry (ccuen, ) (Entered: 05/29/2026)
Main Document: Letter
#23
May 29, 2026
NOTICE and Supplemental Certificate of Service by Respondents Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi Noem (Ross, Katherine) (Entered: 05/29/2026)
Main Document: NOTICE
#24
Jun 02, 2026
MINUTE ORDER. It is ordered that Applicant may file a reply to Respondents' Response (ECF No. 15 ) within thirty days of the date of this Minute Order. Applicant's reply may also address Respondents' May 29 Status Report and any related issues concerning the process provided. Applicant shall advise the Court in any reply of the present status of his requests for relief in this action in light of the May 29 Status Report, by Magistrate Judge Susan Prose on 6/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) (Entered: 06/03/2026)
Main Document: Order
#25
Jun 03, 2026
MOTION to Consider and for Appropriate Relief, by Petitioner Abdoulaye Barry. (ccuen, ) (Entered: 06/04/2026)
Main Document: Order
#26
Jun 08, 2026
REPLY to Respondents' Response (ECF No. 15 ), by Petitioner Abdoulaye Barry. (ccuen, ) (Entered: 06/10/2026)
Main Document: REPLY
#27
Jun 15, 2026
REPLY to the Court's June 2nd, 2026 Minute Order 24 by Petitioner Abdoulaye Barry. (agryan) (Entered: 06/17/2026)
Main Document: REPLY
#28
Jul 15, 2026
ORDER SETTING TELEPHONIC HEARING by Magistrate Judge Susan Prose on 07/15/2026. This matter is before the court pursuant to Petitioner Abdoulaye Barry's 1 Petition for Writ of Habeas Corpus and 25 Motion to Consider and for Appropriate Relief, as well as all related responsive briefing. The court finds that additional information regarding the process that has been provided to Petitioner is necessary in order for it to make a determination on the Petition. Accordingly, the court will conduct a telephonic hearing on July 27, 2026 at 10:30 a.m.. Parties shall 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 speakerphone and Bluetooth connections.The Detention Facility is respectfully ORDERED to arrange for Mr. Barry's telephonic appearance at the July 27, 2026 hearing. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 07/15/2026)
Jul 15, 2026
Order
#29
Jul 16, 2026
CERTIFICATE of Service by US Mail by Clerk of Court re 28 Order Setting Telephonic Hearing, to Abdoulaye Barry A#087-932-506, ICE Aurora Contract Detention Facility, 3130 North Oakland Street, Aurora, CO 80010. Text Only Entry (sjeff) (Entered: 07/16/2026)
#30
Jul 27, 2026
ORDER RESETTING TELEPHONIC HEARING by Magistrate Judge Susan Prose on 7/27/2026. Due to circumstances beyond the control of the parties, the Motion Hearing previously set for July 27, 2026 was unable to proceed. The court RESETS the hearing.The court will conduct a telephonic hearing on July 28, 2026 at 10:30 a.m. Parties shall 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 speakerphone and Bluetooth connections.The Detention Facility is respectfully ORDERED to arrange for Mr. Barry's telephonic appearance at the July 28, 2026 hearing. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 07/27/2026)
Jul 27, 2026
Order
#31
Jul 28, 2026
COURTROOM MINUTES for Motion Hearing held on 7/28/2026 before Magistrate Judge Susan Prose. For the reasons stated on the record, it is ORDERED: Upon reconsideration, Petitioner's Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 5 ) is GRANTED in part, as to the request for an order directing Respondents to release Petitioner, and DENIED in all other respects.The Respondents shall release Petitioner within 1 day of this order, subject to the provisions of the Order of Supervision in place prior to his arrest.Within five (5) days, Respondents shall file a status report in order to certify compliance.Accordingly, Petitioner's Motion to Consider and for Appropriate Relief (ECF No. 25 ) is DENIED as moot. FTR: A 502. (sjeff) Modified on 7/28/2026 to correct docket text (sjeff). (Entered: 07/28/2026)
Main Document: Order on Motion for Order
#32
Jul 28, 2026
CERTIFICATE of Service by US Mail by Clerk of Court re 31 Courtroom Minutes for Motion Hearing to Abdoulaye Barry, A#087-932-506, ICE Aurora Contract Detention Facility, 3130 North Oakland Street, Aurora, CO 80010. Text Only Entry (sjeff) (Entered: 07/28/2026)
#33
Aug 03, 2026
STATUS REPORT by Respondents Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi Noem. (Puskar, Elizabeth) (Entered: 08/03/2026)
Main Document: STATUS
#34
Aug 11, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on August 11, 2026. This matter is before the court on Respondents' 33 Status Report. On July 28, 2026, the court granted Petitioner's petition for writ of habeas corpus in part and ordered Respondents to release Petitioner within one day of the court's order (ECF No. 31 ). Respondents have now filed a status report informing the court that Petitioner was released on July 29, 2026, in accordance with the court's order (ECF No. 31). ECF No. 33 . Accordingly, the court will close the case. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 08/11/2026)
#35
Aug 11, 2026
FINAL JUDGMENT pursuant to Orders 31 and 34 . Entered by the Clerk of the Court on 08/11/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (sjeff) (Entered: 08/11/2026)
Main Document: Judgment - Clerk
Aug 11, 2026
Minute Order
#36
Aug 27, 2026
Mail Returned as Undeliverable re: 34 Minute Order,, 35 Clerk's Judgment Addressed to Abdoulaye Barry. (Attachments: # 1 Returned Envelope) (eguth, ) (Entered: 08/28/2026)
Main Document: Mail