District of Colorado • 1:26-cv-02896

#1

Jun 27, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11106121)Attorney Nera Shefer added to party Pedro Frank Lemus Castellon(pty:pet), filed by Pedro Frank Lemus Castellon. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons)(Shefer, Nera) (Entered: 06/27/2026)

#2

Jun 27, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 06/30/2026)

#3

Jun 30, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 06/30/2026)

#4

Jun 30, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus 1 filed by Pedro Frank Lemus Castellon, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), 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 7, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.Based upon a preliminary review of the Petition, it appears to be well-founded. Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it 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 6/30/2026. Text Only Entry (skclc1) (Entered: 06/30/2026)

Jun 30, 2026

Order

#5

Jul 07, 2026

SUMMONS Returned Executed by Pedro Frank Lemus Castellon. Juan Baltasar served on 7/7/2026, answer due 7/28/2026; Markwayne Mullin served on 7/7/2026, answer due 7/28/2026; Sirce Owen served on 7/7/2026, answer due 7/28/2026. (Shefer, Nera) (Entered: 07/07/2026)

#6

Jul 10, 2026

ANSWER to ComplaintAttorney Leslie Carol Schulze added to party Juan Baltasar(pty:res), Attorney Leslie Carol Schulze added to party Markwayne Mullin(pty:res), Attorney Leslie Carol Schulze added to party Sirce Owen(pty:res) by Juan Baltasar, Markwayne Mullin, Sirce Owen.(Schulze, Leslie) (Entered: 07/10/2026)

#7

Jul 14, 2026

ORDER: Before the Court is Petitioner's 1 Petition for Writ of Habeas Corpus. Therein, Petitioner insists this case should be determined on his constitutional due process claims, and he argues this case does not turn on statutory detention categories or discretionary bond authority. However, the Court has thoroughly reviewed the record in this matter, and this case is materially indistinguishable from the myriad other petitions to have come before the courts in this and other districts. Like most claimants to come before the Court in these immigration matters, it is clear Petitioner is being detained indefinitely without a bond hearing. However, given Petitioner's six-year residence in the United States, he may only properly be detained pursuant to 8 U.S.C. § 1226(a). The Tenth Circuit recently made this clear 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). Because the Tenth's Circuit's statutory interpretation resolves this matter, this Court exercises prudence and declines to undertake the proposed constitutional questions. In re Syngenta AG MIR 162 Corn Litig., 61 F.4th 1126, 1182 (10th Cir. 2023) ("It is a well-established principle governing the prudent exercise of the court's jurisdiction that normally the court will not decide a constitutional question if there is some other ground upon which to dispose of the case.").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. 9, p.3. Therefore, considering the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED on the grounds that he is not properly detained under 8 U.S.C. § 1225(b). Furthermore, because Respondents have not contradicted Petitioner's allegations regarding his re-detention and have offered no lawful basis for his detention--alternative arguments under § 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 Pedro Frank Lemus Castellon is not subject to mandatory detention under 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.3. 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; and4. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 7/14/2026. Text Only Entry (skclc1) (Entered: 07/14/2026)

Jul 14, 2026

Order

#8

Jul 15, 2026

STATUS REPORT by Respondents Juan Baltasar, Markwayne Mullin, Sirce Owen. (Schulze, Leslie) (Entered: 07/15/2026)

#9

Jul 16, 2026

ORDER re: 8 Status Report filed by Juan Baltasar, Markwayne Mullin, Sirce Owen. 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 7/16/2026. Text Only Entry (skclc1) (Entered: 07/16/2026)

Jul 16, 2026

Order

#10

Jul 17, 2026

Judgment