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) (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

Alter Judgment AND Enforce