District of Colorado • 1:26-cv-02644

#1

Jun 15, 2026

Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11077694)Attorney Mehmet Yigit Turkoglu added to party Issoufou Kimba Tahirou(pty:pet), filed by Issoufou Kimba Tahirou. (Attachments: # 1 Exhibit Immigration Judge's Decision, # 2 Exhibit Travel Advisory, # 3 Exhibit Country Condition Report, # 4 Exhibit Medical Reports, # 5 Civil Cover Sheet)(Turkoglu, Mehmet) (Entered: 06/15/2026)

#2

Jun 15, 2026

Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (manoe, ) (Entered: 06/15/2026)

#3

Jun 15, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 06/15/2026)

#4

Jun 16, 2026

Order to Show Cause

#5

Jun 26, 2026

MINUTE ORDER: This matter is before the Court sua sponte. On June 15, 2026, the Court issued an Order to Show Cause, ECF No. 4, that directed Petitioner to serve respondents with the Petition and Order to Show Cause by June 17, 2026 and, within 48 hours of effecting service, to file proof of service on the docket. To date, Petitioner has not filed proof of service to the docket. Accordingly, the Court ORDERS the Petitioner, if he has not so already, to serve respondents according to Fed. R. Civ. P. 4(i) on or before June 29, 2026, and to file proof of service to the docket within 24 hours of effecting service. Failure to comply with this Order may lead to dismissal of the action without prejudice. See, e.g., Voss v. Silverman/Borenstein, PLLC, No. 13-cv-01094-WYD-CBS, 2013 WL 6729602 (D. Colo. Dec. 20, 2013). It is further ORDERED that upon service, (1) counsel for the respondents shall promptly enter notices of appearance, (2) on or before July 6, 2026, respondents shall SHOW CAUSE in writing why the Petition should not be granted, (3) pursuant to D.C.COLO.LCivR 40.1(c)(4), on or before July 6, 2026, the parties shall complete and file the Consent/Non-Consent to United States Magistrate Jurisdiction Form, ECF No. 3 and; (4) Petitioner shall have until July 13, 2026 to file any reply. Entered by Magistrate Judge Cyrus Y. Chung on 06/26/2026. Text Only Entry. (agryan) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order AND Order to Show Cause

#6

Jul 06, 2026

NOTICE re 5 Minute Order,,,,,, Order to Show Cause,,,,, 4 Order to Show Cause,,, of Service by Petitioner Issoufou Kimba Tahirou (Turkoglu, Mehmet) (Entered: 07/06/2026)

#7

Jul 08, 2026

MINUTE ORDER: This matter is before the Court sua sponte. Petitioner has now twice failed to follow the Court's orders to make timely, proper service on Respondents, show proof of the same, and timely complete and return the U.S. Magistrate Judge Consent Form ("Consent Form"). On June 15, 2026, the Court directed Petitioner to serve Respondents with the Petition and Order to Show Cause on or before June 17, 2026, file proof of service within 48 hours of service, and return the completed Consent Form on or before June 24, 2026. ECF No. 4 . The Petitioner did none of those things. The Court then issued a Minute Order on June 26, 2026 directing Petitioner to serve Respondents in accordance with Fed. R. Civ. P. 4(i) on or before June 29, 2026, file proof of service within 24 hours of service, and to return the completed Consent Form on or before July 6, 2026. ECF No. 5 . The Court also warned that failure to comply with the order "may lead to dismissal of the action without prejudice." Id. On July 6, 2026, counsel for Petitioner filed a Notice of Service, ECF No. 6, on the docket, stating that "the Petition and all accompanying pleadings were served upon counsel for Respondents" on July 3, 2026 by "FedEx Delivery, Signature Required," and by email to the head of the Civil Division for the U.S. Attorney's Office for the District of Colorado on July 6, 2026. Petitioner's counsel did not attach any proof of service, and the Notice of Service does not reflect that service was proper under Fed. R. Civ. P. 4(i). Further proof that service was improper is that counsel for Respondents have not entered an appearance nor responded to the Petition as directed by the Court's June 26, 2026 Minute Order. ECF No. 5. Additionally, Petitioner again failed to complete and return the Consent Form. Although the Court could recommend dismissal without prejudice, see, e.g., Voss v. Silverman/Borenstein, PLLC, No. 13-cv-01094-WYD-CBS, 2013 WL 672902 (D. Colo. Dec. 20, 2013), under the circumstances here, where Petitioner is alleging that Respondents are unlawfully holding him in detention despite no reasonable probability of removal in the reasonably foreseeable future, the better course is for the matter to be reassigned to a district judge in view of Petitioner's non-response to the Consent Form and failure to provide sufficient proof of service. Accordingly, pursuant to D.C.COLO.LCivR 40.1(a) and (c)(7), it is hereby ORDERED that the Clerk of the Court REASSIGN this case to a district judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). Entered by Magistrate Judge Cyrus Y. Chung on 07/08/2026. (This case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-02644-SKC). Text Only Entry. (agryan) (Entered: 07/08/2026)

#8

Jul 08, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) (Entered: 07/08/2026)

Jul 08, 2026

Minute Order AND Order Reassigning Case

#9

Jul 09, 2026

ORDER: Upon review of Judge Chung's Order describing Counsel's repeated failure to timely serve Respondents pursuant to the Federal Rules of Civil Procedure, the Court ORDERS as follows: Counsel for Petitioner shall review Fed. R. Civ. P. 4(i)(1) & (2) and serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before July 13, 2026 . Counsel shall promptly file proof of such service on the docket. Should Counsel fail to meet this deadline, this Court may order the United States Marshal to effect service in this matter and further order that the cost of doing so be billed individually to Petitioner's Counsel. Within five days service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted. SO ORDERED by Judge S. Kato Crews on 7/9/2026. Text Only Entry (skclc1) (Entered: 07/09/2026)

Jul 09, 2026

Order

#10

Jul 13, 2026

NOTICE re 9 Order,,, of Service by Petitioner Issoufou Kimba Tahirou (Attachments: # 1 Exhibit Attorney General USPS Label, # 2 Exhibit AUSA Colorado USPS Label, # 3 Exhibit Office of the General Counsel USPS Label, # 4 Exhibit USPS Receipt Showing that USPS Received Documents, # 5 Exhibit Return of Service, # 6 Affidavit Affidavit of Mehmet Y. Turkoglu)(Turkoglu, Mehmet) (Entered: 07/13/2026)

#11

Jul 17, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 4 by Respondents Juan Baltazar, Robert Hagan, Markwayne MullinAttorney Leslie Carol Schulze added to party Juan Baltazar(pty:res), Attorney Leslie Carol Schulze added to party Robert Hagan(pty:res), Attorney Leslie Carol Schulze added to party Markwayne Mullin(pty:res). (Schulze, Leslie) (Entered: 07/17/2026)

#12

Jul 17, 2026

ORDER Before the Court is Petitioner's 1 Emergency Application for Writ of Habeas Corpus. In their Response, Respondents "maintain that Petitioner's detention is lawful and do not concede that it is unlawful." However, they also state that "for the purposes of this specific case, [they] are not submitting a brief in opposition to the Petition." Dkt. 11 . According to the Petition and its exhibits, Petitioner's final order of removal was entered on September 30, 2025, and he has been in custody since that time--nearly ten months. Dkt. 1, p.4. However, apart from taking Petitioner's photograph for his travel documents, no other progress has been made. In light of this and Respondents' choice not to present arguments to the contrary, the Court concludes that removal is not reasonably foreseeable and release is appropriate. See Ibrahimi v. Bondi, No. SA-25-CA-00768-XR, 2026 WL 915703, at *3 (W.D. Tex. Mar. 27, 2026) ("ICEs few 'affirmative steps' toward securing travel documents do not show that removal is reasonably foreseeable."); see also Mirani v. Bondi, No. 2:26-cv-00623-JNW, 2026 WL 905038, at *2 (W.D. Wash. Apr. 2, 2026). Accordingly, the Court's reasoning in Koridze v. Ice Field Office Director, No. 1:25-cv-3870-SKC (D. Colo. Mar. 6, 2026) applies, and the Court finds that Petitioner is being detained in violation of the Fifth Amendment.Therefore, IT IS ORDERED that Petitioner's 1 Emergency Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. Petitioner shall be released from custody, but he may be subject to the conditions for release set forth in 8 U.S.C. § 1231(a)(3). See 8 U.S.C. § 1231(a)(6);2. If Issoufou Kimba Tahirou resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner may, if he chooses, remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence. Alternatively, Petitioner may elect for immediate release. Counsel for the parties shall promptly confer regarding Petitioner's wishes;3. If necessary, Respondents SHALL transport Petitioner back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;4. To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; and5. Respondents SHALL FILE a status report within SEVEN DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 7/17/2026. Text Only Entry (skclc1) (Entered: 07/17/2026)

Jul 17, 2026

Order

#13

Jul 23, 2026

STATUS REPORT by Respondents Juan Baltazar, Robert Hagan, Markwayne Mullin. (Schulze, Leslie) (Entered: 07/23/2026)

#14

Jul 23, 2026

ORDER re: 13 Status Report filed by Robert Hagan, Markwayne Mullin, Juan Baltazar. In light of Respondents' certification of compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. IT IS FURTHER ORDERED the Court's previous 4 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 7/23/2026. Text Only Entry (skclc1) (Entered: 07/23/2026)

#15

Jul 23, 2026

Judgment - Clerk

Jul 23, 2026

Order