District of Colorado • 1:26-cv-01999

#1

May 08, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5, Receipt Number ACODC-11002074)Attorney Miriam Rose Miller added to party ARNULFO GASPAR-PEDRO(pty:pet), filed by ARNULFO GASPAR-PEDRO. (Attachments: # 1 Exhibit Exhibit 1 - NTA, # 2 Civil Cover Sheet Civil Cover Sheet)(Miller, Miriam) (Entered: 05/08/2026)

#2

May 08, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 05/11/2026)

#3

May 11, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/11/2026)

#4

May 12, 2026

MINUTE ORDER: Before the Court is Petitioner Arnulfo Gaspar-Pedro's Petition for Writ of Habeas Corpus. ECF No. 1. In the Petition, Petitioner requests that the Court "[i]ssue a writ of habeas corpus" requiring that Respondents release him. Id. at 7. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents 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)). Further, 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 Petitioner 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 5/12/2026. Text Only Entry (cnsja, ) (Entered: 05/12/2026)

#5

May 12, 2026

AFFIDAVIT /RETURN of Service of Petition for Habeas Corpus upon Attorney General for District of Colorado on 05/12/2026 by Petitioner Arnulfo Gaspar-Pedro. (Miller, Miriam) (Entered: 05/12/2026)

May 12, 2026

Minute Order

#6

May 19, 2026

AFFIDAVIT re 5 Affidavit FIRST AMENDED AFFIDAVIT/RETURN of Service of Petition for Habeas Corpus upon Attorney General for District of Colorado on 05/19/2026 by Petitioner Arnulfo Gaspar-Pedro. (Attachments: # 1 Exhibit Exhibit 1 - Proof of Delivery of Original Service Packet on Respondents, # 2 Exhibit Exhibit 2 - Emails Between Miriam Miller and Kevin Traskos Regarding Service, # 3 Exhibit Exhibit 3 - Proof of Certified Mail Service Packet)(Miller, Miriam) (Entered: 05/19/2026)

#7

May 26, 2026

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George ValdezAttorney Nicholas Albert Deuschle added to party Juan Baltasar(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Executive Office of Immigration Review(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res), Attorney Nicholas Albert Deuschle added to party U.S. Department of Homeland Security(pty:res), Attorney Nicholas Albert Deuschle added to party George Valdez(pty:res) (Deuschle, Nicholas) (Entered: 05/26/2026)

#8

May 27, 2026

RESPONSE to 4 Minute Order,,,,,,,, (Order to Show Cause) by Respondents Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Attachments: # 1 Exhibit 1 - U.S. Brief in Mendoza Gutierrez)(Deuschle, Nicholas) (Entered: 05/27/2026)

#9

May 28, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Arnulfo Gaspar-Pedro All parties do not consent.. (Miller, Miriam) (Entered: 05/28/2026)

#10

May 28, 2026

REPLY to 8 Response, PETITIONERS REPLY IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS by Petitioner Arnulfo Gaspar-Pedro. (Miller, Miriam) (Entered: 05/28/2026)

#11

May 28, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response to it. See ECF Nos. 1, 8 . As Respondents acknowledge, see ECF No. 8 at 2, the issue that this case presents "is not materially different from an issue [the] Court has resolved in a prior ruling in another case," id. (citing Hernandez v. Baltazar, et al., 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025). See also ECF No. 10 at 2. Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here," given "the facts of this case are not materially distinguishable" from that and other cases in which the Court addressed 8 U.S.C. § 1225's applicability, ECF No. 8 at 4. In light of these representations and the Court's prior analyses of this issue, see generally Singh v. Baltazar, 2026 WL 352870, the Court GRANTS Petitioner's petition, ECF No. 1. It is FURTHER ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, and may not impose any additional conditions of release or supervision beyond those he was subject to immediately prior to his recent detention. Respondents SHALL FILE a status report within FOUR DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless they demonstrate, 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, while Respondents argue immediate release is an inappropriate remedy, their arguments fail to persuade. Compare ECF No. 10 at 5, with Singh, 2026 WL 352870, at *6; Diallo v. Baltazar, No. 1:25-CV-3548-SKC, 2026 WL 237296, at *3 (D. Colo. Jan. 29, 2026); and Rivero v. Mina, No. 6:26-CV-66-RBD-NWH, 2026 WL 199319, at *4 (M.D. Fla. Jan. 26, 2026). By Judge Charlotte N. Sweeney on 5/25/2026. Text Only Entry (cnsja, ) (Entered: 05/28/2026)

May 28, 2026

Minute Order

#12

Jun 01, 2026

STATUS REPORT pursuant to Court's May 28, 2026, Minute Order (ECF No. 11) by Respondents Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Deuschle, Nicholas) (Entered: 06/01/2026)

#13

Jul 09, 2026

MINUTE ORDER: Pursuant to the Court's Order and the representations made in the Status Report, ECF Nos. 11, 12, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 7/9/2026. Text Only Entry (cnsja, ) (Entered: 07/09/2026)

#14

Jul 09, 2026

Judgment

Jul 09, 2026

Minute Order