District of Colorado • 1:26-cv-01735

#1

Apr 23, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 117789), filed by Ali Alhadje. (Attachments: # 1 Receipt)(agarc, ) (Entered: 04/24/2026)

#2

Apr 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. (agarc, ) (Entered: 04/24/2026)

#3

May 05, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Richard T. Gurley on 05/05/2026. 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. (jrobe, ) (Entered: 05/06/2026)

#4

May 05, 2026

ORDER DRAWING CASE After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined thatthis case does not appear to be appropriate for summary dismissal. Therefore, the casewill be assigned to District Judge Charlotte N. Sweeney. See D.C.COLO.LCivR 8.1(c)and 40.1(d)(1); see also Alhadje v. Guardian, Civil Action No. 25-cv-04153-CNS.Accordingly, it isORDERED that this case shall be assigned to District Judge Charlotte N.Sweeney. By Magistrate Judge Richard T. Gurley on 05/05/2026. 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. (jrobe, ) (Entered: 05/06/2026)

#5

May 06, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, ) (Entered: 05/06/2026)

#6

May 07, 2026

MINUTE ORDER: Before the Court is Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. ECF No. 1 . In the Petition, Petitioners request that the Court order his immediate release from detention, or in the alternative order a bond hearing. See id. at 4. The United States Magistrate Judge issued an Order to Show Cause setting forth a briefing schedule regarding the Petition on May 5, 2026. ECF No. 3 . Following the Magistrate Judge's Order to Show Cause, this case was reassigned to this Court. ECF No. 4 . Accordingly, the Court resets the briefing schedule as set forth in the Magistrate Judge's Order to Show Cause. See ECF No. 3 . Having reviewed the Petition and Order to Show Cause, the Court hereby ORDERS that Respondents, within 5 calendar days of service, are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Finally, the Court hereby ORDERS that pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioners from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 5/7/2026. 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. Text Only Entry (cnsja, ) (Entered: 05/07/2026)

#7

May 07, 2026

MINUTE ORDER: The Court orders that the Clerk of Court's Office mail a copy of (1) the Application at ECF No. 1; (2) Order to Show Cause at ECF No. 3; (3) The Order Drawing Case, at ECF No. 4; (4) and the Minute Order at ECF No. 6 for service of process on Robert Guadian, Denver Field Office Director of ICE and file a certificate of service. By Judge Charlotte N. Sweeney on 5/17/2026. 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. Text Only Entry (cnsja, ) (Entered: 05/07/2026)

May 07, 2026

Minute Order

#8

May 08, 2026

CERTIFICATE of Service, by Clerk of Court re 1 Application for Writ of Habeas Corpus, 3 Order to Show Cause for Service of Process. (sphil, ) (Entered: 05/08/2026)

#9

May 08, 2026

USPS Certified Mail Receipts re: 8 Certificate of Service (sphil, ) (Entered: 05/08/2026)

#10

May 08, 2026

Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado re: 8 Certificate of Service on 5/8/2026. (sphil, ) (Entered: 05/08/2026)

#11

May 14, 2026

NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Robert GuardianAttorney Alexandra J. Berger added to party Robert Guardian(pty:res) (Berger, Alexandra) (Entered: 05/14/2026)

#12

May 14, 2026

STATUS REPORT REGARDING SERVICE by Respondent Robert Guardian. (Berger, Alexandra) (Entered: 05/14/2026)

#14

May 15, 2026

RECEIPT for RETURN Certified Mail Receipt of Service upon Aurora ICE Detention Facility re: 8 Certificate of Service (sphil, ) (Entered: 05/19/2026)

#13

May 18, 2026

MINUTE ORDER: Before the Court is Respondent's Status Update Regarding Service. ECF No. 12 . Respondent contends service was not properly effectuated, and thus there is "no deadline to respond to the Application." Id. at 3. It's clear that counsel for Respondent has appeared in this action, based both on counsel's notice of entry of appearance and the status update. ECF Nos. 11-12. This means that Respondent has full access to this case's docket, including the Court's prior orders, as Respondent acknowledges in the status update. See ECF No. 12 at 3. In light of this, Respondents are hereby ORDERED TO RESPOND to the Application and are ORDERED TO SHOW CAUSE as to why the Application should not be granted. Such response is due on or before May 20, 2026. By Judge Charlotte N. Sweeney on 5/18/2026. 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. Text Only Entry (cnsja, ) (Entered: 05/18/2026)

May 18, 2026

Minute Order

#15

May 20, 2026

RESPONSE to 6 Minute Order,,,,,,,, 13 Minute Order,,, RESPONSE TO ORDER TO SHOW CAUSE by Respondent Robert Guardian. (Attachments: # 1 Exhibit Ex. A - Declaration of John Mansur, # 2 Exhibit Ex. B - DHS March 30 Guidance, # 3 Exhibit Ex. C - DVD, motion for stay, # 4 Exhibit Ex. D - DVD, Order granting motion for stay)(Berger, Alexandra) (Entered: 05/20/2026)

#16

May 22, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondent's response to it, ECF No. 15 . In the response, Respondent represents that Petitioner's third-country removal is proper, given that DHS has arranged for a flight to Cameroon on May 26, 2026. See ECF No. 15-1 at 6. In support of this argument, Respondent argues that the stay of the class order in D.V.D. v. U.S. Dep't of Homeland Sec., means that Petitioner has "not shown any failure to follow the relevant" removal procedures. ECF No. 15 at 11. The Court is aware of the ongoing appeal regarding the D.V.D. case. However, several courts have ordered that petitioners are entitled to hearings prior to a third-country removal even in the wake of the stay of the district courts order in D.V.D. See, e.g., Delgado v. Bondi, No. 2:26-CV-00649-GJL, 2026 WL 914806, at *5 (W.D. Wash. Apr. 3, 2026); Nguyen v. Scott, 796 F. Supp. 3d 703, 732 (W.D. Wash. 2025). Accordingly, Respondent is ORDERED to file a supplemental brief as to whether such cases bar Petitioner's entitlement to a hearing prior to any third-country removal. Such brief shall be due on or before May 28, 2026. The Court recognizes that its ruling as to the pending habeas petition will extend beyond May 26, 2026 - the date when Petitioner may be removed on a scheduled flight - but that such a complication gives way to the constitutional rights that are implicated in the petition and Petitioner's possible third country removal. The Court reminds Respondent that pursuant to its prior order, Petitioner shall not be removed until or unless this Court or the Tenth Circuit vacates this or the Court's prior order. See ECF No. 6. By Judge Charlotte N. Sweeney on 5/22/2026. 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. Text Only Entry (cnsja, ) (Entered: 05/22/2026)

May 22, 2026

Minute Order

#17

May 28, 2026

SUPPLEMENT/AMENDMENT to 16 Minute Order,,,,,,, RESPONDENTS SUPPLEMENTAL BRIEF PURSUANT TO THE COURTS MAY 22, 2026, ORDER (ECF No. 16) by Respondent Robert Guardian. (Berger, Alexandra) (Entered: 05/28/2026)

#18

May 29, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Ali Alhadje. Only one party consented.. (sphil, ) (Entered: 05/29/2026)

#19

Jun 01, 2026

RETURN Certified Mail Receipt of Service upon the United States Attorney General re: 8 Certificate of Service on 5/16/2026. (sphil, ) (Entered: 06/02/2026)

#20

Jun 08, 2026

REPLY in Support to 1 Application for Writ of Habeas Corpus by Petitioner Ali Alhadje. (sphil, ) (Entered: 06/08/2026)

#21

Jun 10, 2026

ORDER: The Court GRANTS IN PART and DENIES IN PART Petitioner's habeas application, ECF No. 1. The Court GRANTS IN PART the application to the extent that Petitioner seeks a hearing to challenge his possible third country removal to Cameroon. The Court DENIES IN PART the application to the extent that Petitioner seeks immediate release or, in the alternative, a bond hearing. Respondents are ORDERED to provide Petitioner with notice and an opportunity to challenge his removal in the form of a hearing before an immigration judge prior to his possible removal to Cameroon or any other third country they may subsequently identify. Notice for such a hearing must be preceded by written notice to Petitioner in a language or languages that he can understand. Following notice, Petitioner must be given a meaningful opportunity, and a minimum of ten days, to raise a fear-based claim in the form of a hearing before an immigration judge prior to his possible removal. Such hearing must be constitutionally adequate and comply with due process. Respondents SHALL FILE a status report within FIVE DAYS of such a hearing. By Judge Charlotte N. Sweeney on 6/10/2026. 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. (cnsja, ) (Entered: 06/10/2026)

#22

Jul 06, 2026

LETTER by Petitioner Ali Alhadje. (sphil, ) (Entered: 07/07/2026)

#23

Jul 07, 2026

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of Robert GuardianAttorney Jennifer Rose Lake added to party Robert Guardian(pty:res) (Lake, Jennifer) (Entered: 07/07/2026)

#24

Jul 07, 2026

MOTION to Withdraw as Attorney by Respondent Robert Guardian. (Berger, Alexandra) (Entered: 07/07/2026)

#25

Jul 08, 2026

ORDER granting 24 Motion to Withdraw as Attorney. Attorney Alexandra J. Berger is withdrawn. By Judge Charlotte N. Sweeney on 7/8/2026. 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. Text Only Entry(cnsja, ) (Entered: 07/08/2026)

Jul 08, 2026

Order on Motion to Withdraw as Attorney

#26

Jul 23, 2026

LETTER by Petitioner Ali Alhadje. (sphil, ) (Entered: 07/24/2026)

#27

Aug 12, 2026

MOTION for Order by Petitioner Ali Alhadje. (sphil, ) (Entered: 08/13/2026)

#28

Sep 02, 2026

RESPONSE to 27 MOTION for Order to filed by Respondent Robert Guardian. (Lake, Jennifer) (Entered: 09/02/2026)

#29

Sep 03, 2026

ORDER granting 27 Before the Court is Petitioner's habeas petition, ECF No. 1, Petitioner's Motion for Order, ECF No. 27, and Respondent's Response to the Motion for Order, ECF No. 28 . Petitioner is subject to a final order of removal. See, e.g., ECF No. 17 at 3. Liberally construing the Motion to Enforce, given that Petitioner proceeds pro se, he represents in his Motion for Order that his removal is not significantly likely to occur in the reasonably foreseeable future. See ECF No. 27 at 2 ("My detention has now become indefinite."). In the Response, Respondent states that he "is not submitting a brief in opposition to the Motion...." ECF No. 28 at 1. In Zadvydas v. Davis, the Supreme Court stated that if a noncitizen with a final order of removal has been detained pursuant to 8 U.S.C. § 1231(a) for more than six months and "provides good reason to believe that there is no significant likelihood of [their] removal in the reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that showing" in order for the noncitizen's continued detention to remain reasonable. 533 U.S. 678, 701 (2001). In light of this, as well as Respondent's representation that he "is not submitting a brief in opposition to the Petition," ECF No. 8 at 1, the Court finds that Petitioner has met his un-rebutted burden of establishing that his continued detention is unreasonable. Accordingly, the Court GRANTS Petitioner's Motion for Order. ECF No. 27. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, under reasonable conditions of supervision pursuant to 8 U.S.C. § 1231(a)(3), to the extent any such conditions are appropriate in the circumstances," Zadvydas, 533 U.S. at 700. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Additionally, Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless he demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that although Respondent "does not concede that the Motion is meritorious," ECF No. 28 at 1, Respondent's Response is, on its face, a non-opposition to the Motion, and thus tantamount to waiver of any arguments that the Motion should be denied. See, e.g., Simpson v. Warden, Warren Corr. Inst., 651 F. App'x 344, 359 (6th Cir. 2016). By Judge Charlotte N. Sweeney on 9/3/2026. 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. Text Only Entry(cnsja, ) (Entered: 09/03/2026)

Sep 03, 2026

Order on Motion for Order

#30

Sep 08, 2026

STATUS REPORT by Respondent Robert Guardian. (Lake, Jennifer) (Entered: 09/08/2026)

#31

Sep 17, 2026

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Robert GuardianAttorney Nicholas Albert Deuschle added to party Robert Guardian(pty:res) (Deuschle, Nicholas) (Entered: 09/17/2026)

#32

Sep 17, 2026

MOTION to Withdraw as Attorney by Respondent Robert Guardian. (Lake, Jennifer) (Entered: 09/17/2026)

#33

Sep 18, 2026

ORDER granting 32 Motion to Withdraw as Attorney. Attorney Jennifer Rose Lake is withdrawn as counsel for Respondent. By Judge Charlotte N. Sweeney on 9/18/2026. 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. Text Only Entry(cnsja, ) (Entered: 09/18/2026)

Sep 18, 2026

Order on Motion to Withdraw as Attorney

#35

Sep 21, 2026

Mail Returned as Undeliverable re: 29 Order on Motion for Order,,,,,,,,,,, Addressed to Ali Alhadje. (eguth, ) (Entered: 09/23/2026)

#34

Sep 22, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No.29, and the representations made in the Status Report, ECF No. 30, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/22/2026. (cnsja, ) (Entered: 09/22/2026)

Sep 22, 2026

Minute Order

#36

Sep 23, 2026

FINAL JUDGMENT: 29 Motion for Order is GRANTED. By Clerk on 9/23/26. 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. (jdyne, ) (Entered: 09/23/2026)