District of Colorado • 1:26-cv-02067

#1

May 13, 2026

Petition for Writ of Habeas Corpus and Complaint for Emergency Injunctive Relief. (Filing fee $ 5, Receipt Number ACODC-11010868) Attorney Andrea Ochoa added to party AKHRORIDDIN KHAIDAROV (pty:pet), filed by AKHRORIDDIN KHAIDAROV. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix) (Ochoa, Andrea) Modified on 5/13/2026 to correct document title. (jberr, ). (Entered: 05/13/2026)

#2

May 13, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by AKHRORIDDIN KHAIDAROV. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix)(Ochoa, Andrea) (Entered: 05/13/2026)

#3

May 13, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jberr, ) (Entered: 05/13/2026)

#4

May 13, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/13/2026)

#5

May 14, 2026

MINUTE ORDER: Before the Court is Petitioner Akhroriddin Khaidarov's Petition for Writ of Habeas Corpus and Complaint for Emergency Injunctive Relief. ECF No. 2. In the Petition, Petitioner requests that the Court "[i]ssue a writ of habeas corpus" requiring that Respondents release him. Id. at 18. 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 5/14/2026. Text Only Entry (cnsja, ) (Entered: 05/14/2026)

May 14, 2026

Minute Order

#6

May 18, 2026

CERTIFICATE of Mailing/Service re 5 Minute Order,,,,,,,, Proof of Service by Petitioner Akhroriddin Khaidarov. (Attachments: # 1 Exhibit A - Proof of service by email, # 2 Exhibit B - Proof of service by overnight mail)(Ochoa, Andrea) (Entered: 05/18/2026)

#7

May 20, 2026

NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of Juan Baltasar, Robert Guadian, Markwayne MullinAttorney Victor William Scarpato, III added to party Juan Baltasar(pty:res), Attorney Victor William Scarpato, III added to party Robert Guadian(pty:res), Attorney Victor William Scarpato, III added to party Markwayne Mullin(pty:res) (Scarpato, Victor) (Entered: 05/20/2026)

#8

Jun 10, 2026

RESPONSE to 2 Amended Application for Writ of Habeas Corpus, 5 Minute Order,,,,,,,, by Respondents Juan Baltasar, Robert Guadian, Markwayne Mullin. (Attachments: # 1 Exhibit 1 - Declaration of Zachary Goldman, # 2 Exhibit 2 - Brief of Respondents in Mendoza Gutierrez v. Baltazar, et al., No. 25-cv-02720-RMR (D. Colo.))(Scarpato, Victor) (Entered: 06/10/2026)

#9

Jun 10, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response to it. See ECF Nos. 2, 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 prior rulings in other cases," id. (citing Hernandez v. Baltazar, et al., 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025). Indeed, Respondents acknowledge that the Court's "prior rulings on these issues 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 5. In light of these representations and the Court's prior analyses of this issue, see generally Singh v. Baltazar, 819 F. Supp. 3d 1247 (D. Colo. 2026), the Court GRANTS Petitioner's petition, ECF No. 1. See also Singh, 819 F. Supp. 3d at 1255 (ordering immediate release after concluding § 1225 did not control the petitioner's detention because, by having previously been released on parole, it was already determined that petitioner was not a flight risk or danger to the community). 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 TWO 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. 8 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 6/10/2026. Text Only Entry (cnsja, ) (Entered: 06/10/2026)

Jun 10, 2026

Minute Order

#10

Jun 11, 2026

STATUS REPORT Confirming Release by Respondents Juan Baltasar, Robert Guadian, Markwayne Mullin. (Scarpato, Victor) (Entered: 06/11/2026)

#11

Jul 09, 2026

MINUTE ORDER: Pursuant to the Court's Order and the representations made in the Status Report, ECF Nos. 9, 10, 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)

#12

Jul 09, 2026

Judgment

Jul 09, 2026

Minute Order