District of Colorado • 1:26-cv-01665

#1

Apr 17, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10957574)Attorney Joseph Francis Rosales, III added to party NOHOM ABRHAM(pty:pet), filed by NOHOM ABRHAM. (Attachments: # 1 Civil Cover Sheet Civil Cover sheet, # 2 Exhibit Exhibits 1-2 combined, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2)(Rosales, Joseph) (Entered: 04/17/2026)

#2

Apr 17, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 04/21/2026)

#3

Apr 21, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 04/21/2026)

#4

Apr 22, 2026

ORDER by Magistrate Judge Susan Prose on April 22, 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, assume jurisdiction, order that Respondents not transfer the Petitioner outside of this District before the Court rules on the Petition, and order Petitioners immediate release, or, in the alternative, that Petitioner be granted a bond hearing, 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 April 24, 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. In doing so, Respondents are asked to briefly address whether the issues presented here are materially different from the issues this Court has resolved in its prior rulings in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents are also asked to briefly address whether Petitioner has failed to administratively exhaust the claims asserted in the 1 Petition. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3) no less than seven days from the date of this Order. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the 1 Petition. Text Only Entry (sbplc9, ) (Entered: 04/22/2026)

Apr 22, 2026

Order

#5

Apr 24, 2026

Exhibits in Support of 1 Application for Writ of Habeas Corpus, by Petitioner Nohom Abrham. (Rosales, Joseph) (Entered: 04/24/2026)

#6

May 07, 2026

ORDER by Magistrate Judge Susan Prose on May 7, 2026. On April 22, 2026, the Court entered an Order (ECF No. 4) requiring Petitioner to serve Respondents with the Petition and file proof of service by April 24, 2026. On April 24, 2026, Petitioner filed ECF No. 5, which contains an email sent to Kevin Traskos, Chief of the Civil Division of the U.S. Attorney's Office, and USPS Priority Mail tracking information. Upon further review, the Court questions whether service has been properly effected under Federal Rule of Civil Procedure 4(i). Rule 4(i)(1) requires that service on the United States (and its officers sued in their official capacities) be made by delivering a copy of the summons and complaint to the United States Attorney for the district where the action is brought or by sending a copy by registered or certified mail to the civil-process clerk at the United States Attorneys office. The Court is not presently satisfied that emailing the Chief of the Civil Division or sending the documents by regular USPS Priority Mail satisfies this requirement. Accordingly, Petitioner is ORDERED to effect service on Respondents in accordance with Federal Rule of Civil Procedure 4(i) and to file a formal Certificate of Service documenting proper service on or before May 12, 2026. Once Petitioner files a Certificate of Service demonstrating compliance with Rule 4(i), Respondents shall have seven (7) days from the date of service to respond to the Petition and show cause why it should not be granted. The parties shall also file a completed Magistrate Judge consent form on or before May 12, 2026. Respondents remain ENJOINED from transferring Petitioner outside the jurisdiction of the District of Colorado pending further order of the Court. Text Only Entry (sbplc9, ) (Entered: 05/07/2026)

May 07, 2026

Order

#7

May 12, 2026

NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne MullinAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Pamela 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 Markwayne Mullin(pty:res) (Puskar, Elizabeth) (Entered: 05/12/2026)

#8

May 12, 2026

Exhibits in Support Proof of Email and Mail Proof of Certified Mail Service to Respondents Atty by Petitioner Nohom Abrham. (Rosales, Joseph) (Entered: 05/12/2026)

#9

May 12, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Nohom Abrham All parties consent.. (Rosales, Joseph) (Entered: 05/12/2026)

#10

May 15, 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 9 Election 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 5/15/2026. Text Only Entry (ccuen, ) (Entered: 05/15/2026)

May 15, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#11

May 18, 2026

ANSWER to Complaint by Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Exh. A)(Puskar, Elizabeth) (Entered: 05/18/2026)

#12

May 20, 2026

ORDER by Magistrate Judge Susan Prose on May 19, 2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED in part. The Court notes that Respondents concede that the central legal issue presented here -- whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or is instead entitled to a bond hearing under 8 U.S.C. § 1226(a) -- is not materially different from the issue this Court resolved in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026), and Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents acknowledge that this Courts prior rulings would lead the Court to reach the same result here if the Court adheres to those decisions. The Court therefore refers the parties to its analyses in Merchan-Pacheo and Arenas, which apply with equal force here. Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). It is ORDERED that Respondents shall provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) no later than seven (7) days from the date of this Order (i.e., by May 27, 2026). Respondents shall file a status report confirming that the bond hearing has been conducted no later than ten (10) days from the date of this Order (i.e., by May 30, 2026). If Petitioner has not received the bond hearing by the time the status report is due, Petitioner shall be immediately released from custody under appropriate conditions of supervision. The Court declines to reach Petitioner's additional arguments because the statutory claim resolved above is dispositive. Text Only Entry (sbplc9, ) (Entered: 05/20/2026)

May 20, 2026

Order

#13

May 24, 2026

NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne MullinAttorney Katherine Ann Ross added to party Juan Baltazar(pty:res), Attorney Katherine Ann Ross added to party Pamela 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 Markwayne Mullin(pty:res) (Ross, Katherine) (Entered: 05/24/2026)

#14

May 29, 2026

STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne Mullin. (Ross, Katherine) (Entered: 05/29/2026)

#15

May 29, 2026

SUPPLEMENT/AMENDMENT PETITIONER'S MOTION FOR IMMEDIATE RELEASE by Petitioner Nohom Abrham. (Attachments: # 1 Exhibit Exhibit A-B, # 2 Proposed Order (PDF Only) Proposed Order)(Rosales, Joseph) Modified on 9/3/2026 to add gavel per chamber's request (sjeff). (Entered: 05/29/2026)

#16

Jun 22, 2026

NOTICE of Entry of Appearance by Elliot Wertheim on behalf of All Defendants (Wertheim, Elliot) (Entered: 06/22/2026)

#17

Jun 22, 2026

Response to Motion to Enforce 15 Supplement/Amendment RESPONSE TO ECF 15, MOTION to Enforce 15 Supplement/Amendment by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne Mullin. (Wertheim, Elliot) Modified on 9/3/2026 to remove gavel and correct docket to reflect pleading title (sjeff). (Entered: 06/22/2026)

#18

Aug 25, 2026

Petitioner's Reply in support of MOTION to Enforce by Petitioner Nohom Abrham. (Rosales, Joseph) Modified on 9/3/2026 to remove gavel and correct docket to reflect actual pleading filed (sjeff). (Entered: 08/25/2026)

#19

Sep 03, 2026

ORDER by Magistrate Judge Susan Prose on 09/02/2026. This matter is before the court pursuant to Petitioner's 15 Motion for Immediate Release. In his motion, Petitioner alleges the Custody Redetermination Hearing held on May 27, 2026 did not comply with this court's May 20, 2026 Order (ECF No. 20). Petitioner seeks either immediate release or, alternatively, a new custody redetermination hearing "before a new Immigration Judge". Respondents did not submit an opposition brief but state that appropriate relief would include an order directing the immigration court to conduct a new bond hearing. In light of Respondents' non-opposition and the apparent agreement between the parties that a renewed custody determination hearing is appropriate, Petitioner's 15 Motion is GRANTED in part.It is therefore ORDERED that Respondents, within seven days of the date of this order, shall provide Petitioner with an individualized bond hearing under 8 U.S.C. § 1226(a), where the government shall bear the burden of proving that Petitioner's continued detention is justified by clear and convincing evidence. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (citations omitted); see also, e.g., Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026) ("[T]he weight of authority in this District is clear: it is the Government's burden to justify a noncitizen's continued detention at a bond hearing." (citation modified) (collecting cases)); Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025) (finding that "the clear and convincing standard that generally applies to civil detention where liberty is at stake is appropriate here as well"). But see De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *4 (D. Colo. Feb. 17, 2026) (declining to place this burden on the government in a similar case).It is further ORDERED that within five days of Petitioner's bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied. Text Only Entry (sjeff) (Entered: 09/03/2026)

Sep 03, 2026

Order on Motion to Enforce

#20

Sep 14, 2026

Joint STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Ex. A - Bond Order)(Wertheim, Elliot) (Entered: 09/14/2026)

#21

Sep 15, 2026

MOTION to Enforce Habeas Writ of Corpus by Petitioner Nohom Abrham. (Attachments: # 1 Exhibit Exhibit List)(Rosales, Joseph) (Entered: 09/15/2026)

#22

Oct 03, 2026

ORDER on 21 Motion to Enforce by Magistrate Judge Susan Prose on 10/03/2026. For the reasons more fully set forth in the attached, it is ORDERED that Petitioner's Motion to Enforce Writ of Habeas Corpus (ECF No. 21 ) is DENIED. It is further ORDERED that this case is closed.(sjeff) (Entered: 10/03/2026)

#23

Oct 05, 2026

FINAL JUDGMENT pursuant to Orders 12 . 19, and 22 . Entered by the Clerk of the Court on 10/05/2026. (sjeff) (Entered: 10/05/2026)