District of Colorado • 1:26-cv-02771

#1

Jun 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11090128)Attorney Arnulfo D. Hernandez added to party Abdul Majid MAMOZAI(pty:pet), filed by Abdul Majid MAMOZAI. (Attachments: # 1 Exhibit Petitioner's Exhibit 1, # 2 Exhibit Petitioner's Exhibit 2, # 3 Exhibit Petitioner's Exhibit 3, # 4 Exhibit Petitioner's Exhibit 4, # 5 Exhibit Petitioner's Exhibit 5, # 6 Exhibit Petitioner's Exhibit 6, # 7 Exhibit Petitioner's Exhibit 7, # 8 Exhibit Petitioner's Exhibit 8, # 9 Exhibit Petitioner's Exhibit 9)(Hernandez, Arnulfo) (Entered: 06/19/2026)

#2

Jun 19, 2026

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

#3

Jun 19, 2026

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

#4

Jun 25, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on June 25, 2026. This matter is before the court on Petitioner Abdul Majid Mamozai's 1 Application for Writ of Habeas Corpus. Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before June 28, 2027. Petitioner shall file proof of service. Within seven days of service, respondents shall SHOW CAUSE why the 1 Application 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."). Petitioner may file a reply within seven days of Respondents filing their response. Respondents are further ORDERED to address all legal arguments raised in the Petition and, further, to explain: (1) why Petitioner continues to be held without a bond hearing after being granted asylum by an Immigration Judge; (2) the basis for Respondents' appeal of the Immigration Judge's decision; and (3) whether Respondents consider Petitioner a security risk. In addition, the Supreme Court has recognized that the express authority granted by the All Writs Act, 28 U.S.C. § 1651, empowers lower courts, in limited circumstances, to issue temporary injunctions as may be necessary to protect the status quo or their own jurisdiction. See FTC v. Dean Foods Co., 384 U.S. 597, 603, 608 (1966). Unless appropriately confined by Congress, a federal court may avail itself of all auxiliary writs as aids in the performance of its duties, when the use of such historic aids is calculated in its sound judgment to achieve the ends of justice entrusted to it. United States v. N.Y. Tel. Co., 434 U.S. 159, 17273 (1977) (quotation omitted). 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 into the jurisdiction of any other federal district court within the United States unless or until this court or the U.S. Court of Appeals for the Tenth Circuit vacates this Order. See Vizguerra-Ramirez v. Choate, No. 25-cv-00881-NYW, ECF No. 11 at 45 (D. Colo. Mar. 21, 2025) (collecting cases); Vazquez v. Baltazar, No. 25-cv-03049-GPG-TPO, ECF No. 11 (D. Colo. Oct. 2, 2025); Dean Foods Co., 384 U.S. at 603; Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). 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. (spblc11) (Entered: 06/25/2026)

Jun 25, 2026

Order to Show Cause

#5

Jul 02, 2026

RESPONSE to 4 Order to Show Cause,,,,,,,,,,, 1 Application for Writ of Habeas Corpus,, by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne MullinAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Robert Hagan(pty:res), Attorney Logan P. Brown added to party Todd M. Lyons(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res). (Brown, Logan) (Entered: 07/02/2026)

#6

Jul 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne Mullin All parties consent.. (Brown, Logan) (Entered: 07/08/2026)

#7

Jul 09, 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 07/09/2026. Text Only Entry. (agryan) (Entered: 07/09/2026)

Jul 09, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#8

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. 5 . After careful review of the record, the court finds that Petitioner has been granted asylum (ECF No. [1-1] at 16), and finds no indication on this record that the Petitioner presents either a danger to the community or a risk of flight. Yet, he remains detained. Respondents state that they "are not submitting a brief in opposition to the Petition...." ECF No. 5 at 1-2. In light of this non-opposition, 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. 7 at 2, this argument fail to persuade. Compare ECF No. 7 at 2, with Santillan Quiroz, 2026 WL 1876709 819, *17 n.13; see also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). Text Only Entry (sjeff) (Entered: 09/11/2026)

Sep 11, 2026

Minute Order

#9

Sep 14, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Brown, Logan) (Entered: 09/14/2026)

#10

Sep 16, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/13/2026. This matter is before the court on Respondents' 9 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. 8 ). In their status report, the parties state that petitioner was released from custody. (ECF No. 9 ). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/16/2026)

#11

Sep 16, 2026

FINAL JUDGMENT pursuant to Orders 8 and 10 . Entered by the Clerk of the Court on 09/16/2026. (sjeff) (Entered: 09/16/2026)

Sep 16, 2026

Minute Order