District of Colorado • 1:26-cv-02758

#1

Jun 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11089858)Attorney Inga Bergel added to party EVERSON OSORIO-CUXUM(pty:dft), filed by EVERSON OSORIO-CUXUM. (Attachments: # 1 Civil Cover Sheet)(Bergel, Inga) (Entered: 06/19/2026)

#2

Jun 19, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 06/23/2026)

#3

Jun 23, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 06/23/2026)

#4

Jul 16, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on July 16, 2026. This matter is before the court on Petitioner Everson Osorio-Cuxum's "Petitioner's Petition for Writ of Habeas Corpus" (ECF No. 1 ). Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before July 20, 2026. Petitioner shall file proof of service. Within seven days of service, respondents shall show cause why the 1 Petitioner's Petition for Writ of Habeas Corpus should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). In doing so, Respondents are asked to address whether the issues presented here are materially different from the issues the Tenth Circuit has resolved in its prior ruling in Santillan Quiroz v. Mullin, No. 26-6019, __ F.4th__ (10th Cir. 2026). Petitioner may file a reply within seven days of Respondents filing their response.It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) no less than seven days from the date of this Order. Text Only Entry (sjeff) (Entered: 07/16/2026)

Jul 16, 2026

Minute Order

#5

Jul 20, 2026

AFFIDAVIT/RETURN of Service of Habeas Corpus Petition, Order, All Documents on Docket upon Respondents on 07/20/2026, filed by Petitioner Everson Osorio-Cuxum (Attachments: # 1 Exhibit 1)(Bergel, Inga) (Entered: 07/20/2026)

#6

Jul 27, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltasar, Todd Blanche, Robert Guadian, Markwayne Mullin All parties consent.. (Deuschle, Nicholas) (Entered: 07/27/2026)

#7

Jul 27, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 6 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 7/27/2026. Text Only Entry. (rkeec) (Entered: 07/27/2026)

Jul 27, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#8

Jul 28, 2026

RESPONSE to 4 Minute Order,,,,, by Respondents Juan Baltasar, Todd Blanche, Robert Guadian, Markwayne Mullin. (Deuschle, Nicholas) (Entered: 07/28/2026)

#9

Sep 03, 2026

RESPONSE to 8 Response by Petitioner Everson Osorio-Cuxum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bergel, Inga) (Entered: 09/03/2026)

#10

Sep 11, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/11/2026. Before the Court is Petitioner's habeas petition, ECF No. 1 and Respondents' Response to it, ECF No. 8 . Petitioner has also filed a reply brief. ECF No. 9 . In the response, Respondents state that they "are not submitting a brief in opposition to the Petition...." ECF No. 8 at 1. In light of the representation in Respondents' response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, 180 F.4th 1226, 1250 (10th Cir. 2026), the Court GRANTS Petitioner's habeas petition, ECF No. 1 .It is ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 72 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 24 hours of Petitioner's release to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents 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 contend that a bond hearing is the appropriate remedy, see ECF No. 8 at 2, this argument fails to persuade. Compare ECF No. 8 at 2, with Santillan Quiroz, 180 F.4th at 1251 n.13; see also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 1250-51 (D. Colo. 2026). Text Only Entry (sjeff) (Entered: 09/11/2026)

Sep 11, 2026

Minute Order

#11

Sep 14, 2026

STATUS REPORT pursuant to the Court's September 11, 2026, Order (ECF No. 10) by Respondents Juan Baltasar, Todd Blanche, Robert Guadian, Markwayne Mullin. (Deuschle, Nicholas) (Entered: 09/14/2026)

#12

Sep 16, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/16/2026. This matter is before the court on Respondents' 11 Status Report. On September 11, 2026, the court granted petitioner's habeas petition and ordered respondents to release petitioner and to file a status report within 24 hours of petitioner's release (ECF No. 10 ). In their status report, the parties state that petitioner was released from custody. (ECF No. 11 ). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/16/2026)

#13

Sep 16, 2026

FINAL JUDGMENT pursuant to Orders 10 and 12 . Entered by the Clerk of the Court on 09/16/2026. (sjeff) (Entered: 09/16/2026)

Sep 16, 2026

Minute Order

#14

Oct 01, 2026

DISREGARD-- FILED IN ERROR. PAYMENT RECEIVED from Everson Osorio-Cuxum in the amount of $ 5.00; Receipt Number 119780; Monthly Payment. (eguth, ) Modified on 10/2/2026 to disregard(eguth, ). (Entered: 10/02/2026)