District of Colorado • 1:26-cv-02610

#1

Jun 12, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5, Receipt Number ACODC-11075789)Attorney Miriam Rose Miller added to party KHAMLA KAM(pty:pet), filed by KHAMLA KAM. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Release notification, # 3 Exhibit Exhibit 2 - Order of Supervision, # 4 Exhibit Exhibit 3 - Call-in letter)(Miller, Miriam) (Entered: 06/12/2026)

#2

Jun 12, 2026

Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (dhern, ) (Entered: 06/12/2026)

#3

Jun 12, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dhern, ) (Entered: 06/12/2026)

#4

Jun 15, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Respondents shall show cause within five days from the date that Petitioner effects service why the Petition [# 1 ] should not be granted. ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [# 3 ] is the same as Respondents' deadline to file a Response. ORDERED, pursuant to the All Writs Act, 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 Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 5/15/2026. (kaslc9, ) (Entered: 06/15/2026)

#5

Jun 16, 2026

AFFIDAVIT /RETURN of Service of Petition for Habeas Corpus upon Attorney General for District of Colorado on 06/16/2026 by Petitioner Khamla Kam. (Miller, Miriam) (Entered: 06/16/2026)

#6

Jun 22, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Khamla Kam All parties do not consent.. (Miller, Miriam) (Entered: 06/22/2026)

#7

Jun 22, 2026

NOTICE of Entry of Appearance by Elliot Wertheim on behalf of Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George ValdezAttorney Elliot Wertheim added to party Juan Baltasar(pty:res), Attorney Elliot Wertheim added to party Todd Blanche(pty:res), Attorney Elliot Wertheim added to party Executive Office for Immigration Review(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res), Attorney Elliot Wertheim added to party U.S. Department of Homeland Security(pty:res), Attorney Elliot Wertheim added to party George Valdez(pty:res) (Wertheim, Elliot) (Entered: 06/22/2026)

#8

Jun 22, 2026

MINUTE ORDER. This matter is before the Court on the Consent/Non-Consent to Jurisdiction of Magistrate Judge [# 6 ] (the "Consent/Non-Consent Form"). This case was initially assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form [# 6 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-02610-CNS). Entered by Magistrate Judge Kathryn A. Starnella on 6/22/2026. (echa, ) (Entered: 06/22/2026)

#9

Jun 22, 2026

ANSWER to Complaint by Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez.(Wertheim, Elliot) (Entered: 06/22/2026)

#10

Jun 22, 2026

DISREGARD Filed in Wrong Case. STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Wertheim, Elliot) Modified on 6/23/2026 to restrict. Status Report filed in the wrong case. (sphil, ). (Entered: 06/22/2026)

#11

Jun 23, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondents' response to it, ECF No. 9 . In their response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." ECF No. 9 at 1. Respondents ask only that should the Court grant the petition that the Court order release "on conditions" set by DHS. Id. at 2 (citing 8 U.S.C. § 1231(a)(3)). In light of Respondents' representation that their response is "not submit[ed]... in opposition," id. at 1, and having reviewed the petition, see generally ECF No. 1, the Court concludes that it is proper to grant Petitioner's request for habeas relief. Because Petitioner is subject to a final order of removal, has been detained for over six months, and there is not a significant likelihood of removal in the reasonably foreseeable future, granting habeas relief is proper. See Tran v. Baltazar, No. 1:26-cv-00940-CNS, 2026 WL 764002, at *3 (D. Colo. Mar. 18, 2026). The Court notes that, as the Court and other courts in this district have already determined, "a detainee's periods of detention should be considered together in determining whether the detention has exceeded the presumptively reasonable time under Zadvydas." Id. at *3 (D. Colo. Mar. 18, 2026) (citing Aguilar v. Noem, 25-cv-03463-NYW, 2025 WL 3514282, at *3 (D. Colo. Dec. 8, 2025)). Accordingly, 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. See also Engdawork v. Baltazar, et al., No. 1:26-CV-01922-CNS, 2026 WL 1599870, at *1 (D. Colo. June 4, 2026) (ordering immediate release). Respondents SHALL RELEASE Petitioner under reasonable conditions of supervision pursuant to 8 U.S.C. § 1231(a)(3). See Engdawork, 2026 WL 1599870, at *1 (ordering the same relief where, as here, petitioner had a final order of removal). Respondents SHALL FILE a status report within TWO DAYS of this Order to certify complaint, and setting forth Petitioner's reasonable conditions of supervision. 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. By Judge Charlotte N. Sweeney on 6/23/2026. Text Only Entry (cnsja, ) (Entered: 06/23/2026)

Jun 23, 2026

Minute Order

#12

Jun 25, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Wertheim, Elliot) (Entered: 06/25/2026)

#13

Jun 25, 2026

STATUS REPORT Corrected - with Exhibit by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Attachments: # 1 Exhibit Order of Supervision)(Wertheim, Elliot) (Entered: 06/25/2026)

#14

Jul 01, 2026

MOTION to Clarify re 11 Minute Order,,,,,,,,,, PETITIONERS OPPOSED MOTION TO CLARIFY AND SUPPLEMENT THE COURTS ORDER GRANTING HABEAS RELIEF AND ENJOINING RE-DETENTION by Petitioner Khamla Kam. (Attachments: # 1 Exhibit Exhibit 1 - 2008 Order of Supervision, # 2 Exhibit Exhibit 2 - 2026 Order of Supervision)(Miller, Miriam) (Entered: 07/01/2026)

#15

Jul 10, 2026

MINUTE ORDER re: 14 Petitioner's Motion to Clarify and Supplement the Court's Order Granting Habeas Relief and Enjoining Re-Detention. The Court orders Respondents to respond to the motion on or before July 17, 2026. By Judge Charlotte N. Sweeney on 7/10/2026. Text Only Entry (cnsja, ) (Entered: 07/10/2026)

Jul 10, 2026

Minute Order

#16

Jul 17, 2026

NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George ValdezAttorney Elizabeth Erin Puskar added to party Juan Baltasar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(pty:res), Attorney Elizabeth Erin Puskar added to party Executive Office for Immigration Review(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party U.S. Department of Homeland Security(pty:res), Attorney Elizabeth Erin Puskar added to party George Valdez(pty:res) (Puskar, Elizabeth) (Entered: 07/17/2026)

#17

Jul 17, 2026

RESPONSE to 14 MOTION to Clarify re 11 Minute Order,,,,,,,,,, PETITIONERS OPPOSED MOTION TO CLARIFY AND SUPPLEMENT THE COURTS ORDER GRANTING HABEAS RELIEF AND ENJOINING RE-DETENTION filed by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Puskar, Elizabeth) (Entered: 07/17/2026)

#18

Jul 17, 2026

MOTION to Vacate 11 Minute Order,,,,,,,,,, in part by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Puskar, Elizabeth) (Entered: 07/17/2026)

#19

Aug 12, 2026

ORDER granting in part and denying in part 14 Opposed Motion to Clarify and Supplement the Court's Order Granting Habeas Relief and Enjoining Re-Detention; granting 18 Motion to Vacate Order in Part. By Judge Charlotte N. Sweeney on 8/12/26.(jdyne, )

#21

Sep 10, 2026

Judgment

Sep 10, 2026

Minute Order

#22

Sep 22, 2026

Attorney Fees