District of Colorado • 1:26-cv-02815

#1

Jun 23, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11094424)Attorney Luke Henry Niermann added to party Zacarias Gamez Juarez(pty:pet), filed by Zacarias Gamez Juarez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet)(Niermann, Luke) (Entered: 06/23/2026)

#2

Jun 23, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 06/24/2026)

#3

Jun 24, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 06/24/2026)

#4

Jun 26, 2026

ORDER: The Court has reviewed Petitioner's application pursuant to 28 U.S.C. § 2241 1, which appears to be well-founded. Therefore, IT IS ORDERED that Petitioner shall SERVE Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, on or before July 6, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Respondents shall RESPOND to the Petition within five days of service and SHOW CAUSE why the Petition should not be granted.IT IS FURTHER 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 Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Judge S. Kato Crews on 6/26/2026. Text Only Entry (skclc4) (Entered: 06/26/2026)

Jun 26, 2026

Order

#5

Jun 29, 2026

CERTIFICATE of Mailing/Service by Petitioner Zacarias Gamez Juarez. (Niermann, Luke) (Entered: 06/29/2026)

#6

Jul 06, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 4 Order,,,, by Respondents Juan Baltasar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Timothy Bart Jafek added to party Juan Baltasar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party George Valdez(pty:res), Attorney Timothy Bart Jafek added to party David Venturella(pty:res). (Jafek, Timothy) (Entered: 07/06/2026)

#7

Jul 07, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. 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." Dkt. 6, p.3. The Tenth Circuit recently weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that "noncitizens who entered the United States and were thereafter detained in the interior of the country" are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, No. 26-6019, 2026 WL 1876709, at *5 (10th Cir. June 30, 2026). In light of the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to § 1226 or the existence of an administrative warrant--the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026). IT IS FURTHER ORDERED that:1. Petitioner Zacarias Gamez Juarez is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining him under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if he is removed from the United States.2. Petitioner SHALL be immediately released from custody; however, if he 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 Respondents' 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 FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 7/7/2026.Text Only Entry (skclc4) (Entered: 07/07/2026)

Jul 07, 2026

Order

#8

Jul 09, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Jafek, Timothy) (Entered: 07/09/2026)

#9

Jul 10, 2026

ORDER re: 8 Status Report filed by Respondents. 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 7/10/2026. Text Only Entry (skclc4) (Entered: 07/10/2026)

Jul 10, 2026

Order

#10

Jul 13, 2026

Judgment