District of Colorado • 1:26-cv-02908

#1

Jun 29, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118560), filed by Brayan Omar Sanchez Servellon. (Attachments: # 1 Exhibit, # 2 Envelope) (jberr, ) (Entered: 06/29/2026)

#2

Jun 29, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 06/29/2026)

#3

Jul 16, 2026

ORDER DRAWING CASE. It is ORDERED that that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 7/16/2026. (Case randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 26-cv-02908-SBP. ) For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ccuen, ) (Entered: 07/16/2026)

#4

Jul 16, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ccuen, ) (Entered: 07/16/2026)

#5

Jul 23, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Brayan Omar Sanchez Servellon. Only Petitioner consents. (ccuen, ) (Entered: 07/24/2026)

#6

Jul 28, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 07/27/2026. This matter is before the court on Petitioner Brayan Omar Sanchez Servellon's "Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241" (ECF No. 1 ). The Clerk of Court shall serve Respondents and within seven days of service, respondents shall show cause why the 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 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. 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 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. 4 ) no less than seven days from the date of this Order. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 07/28/2026)

#7

Jul 28, 2026

CERTIFICATE of Service by Clerk of Court re: Service of Process of 1 Application for Writ of Habeas Corpus, 6 Minute Order, (Attachments: # 1 Certified Mail Receipts) (ccuen, ) (Entered: 07/28/2026)

#8

Jul 28, 2026

ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado Re: 7 Certificate of Service(ccuen, ) (Entered: 07/28/2026)

Jul 28, 2026

Minute Order

#10

Aug 03, 2026

Returned USPS Certified Mail Receipt re: 7 Certificate of Service Addressed to ICE Aurora Contract Detention Facility (ccuen, ) (Entered: 08/05/2026)

#9

Aug 04, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Department of Homeland Security(pty:res), Attorney Winnie Wu added to party Todd Lyons(pty:res), Attorney Winnie Wu added to party US Attorney General(pty:res)Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Department of Homeland Security(pty:res), Attorney Winnie Wu added to party Todd Lyons(pty:res), Attorney Winnie Wu added to party US Attorney General(pty:res) by Juan Baltazar, Department of Homeland Security, Todd Lyons, US Attorney General.(Wu, Winnie) (Entered: 08/04/2026)

#11

Aug 06, 2026

Mail Returned as Undeliverable re: 5 Consent to Jurisdiction of Magistrate Judge Addressed to Brayan Omar Sanchez Servellon. (eguth, ) (Entered: 08/07/2026)

#12

Aug 10, 2026

Mail Returned as Undeliverable re: 8 ACKNOWLEDGEMENT LETTER 7 Certificate of Service - Addressed to Brayan Omar Sanchez Servellon. (Attachments: # 1 Envelope) (jberr, ) (Entered: 08/12/2026)

#13

Aug 14, 2026

Order Respondents to Transfer back Petitioner to his Pre-existing Jurisdiction District of Colorado to Precerve[sic] Court's Jurisdiction Pending or Ruling on the Petition 28 U.S.C. § 2241, by Petitioner Brayan Omar Sanchez Servellon. (Attachments: # 1 Envelope)(ccuen, ) (Entered: 08/17/2026)

#14

Aug 17, 2026

Returned USPS Certified Mail Receipt re: 7 Certificate of Service Addressed to United States Attorney General (ccuen, ) (Entered: 08/18/2026)

#15

Aug 19, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Department of Homeland Security, Todd Lyons, US Attorney GeneralAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Department of Homeland Security(pty:res), Attorney Anh Weinberg added to party Todd Lyons(pty:res), Attorney Anh Weinberg added to party US Attorney General(pty:res) (Weinberg, Anh) (Entered: 08/19/2026)

#16

Aug 20, 2026

ORDER by Magistrate Judge Susan Prose on 08/20/2026. This matter is before the court pursuant to Petitioner's 13 Motion for Order, raising concerns regarding his transfer and removal. Respondents shall file a status report on or before August 27, 2026 addressing each of the concerns Petitioner has raised regarding his transfer and removal, in light of this court's July 28, 2026 order (ECF No. 6). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 08/20/2026)

Aug 20, 2026

Order

#17

Aug 21, 2026

Mail Returned as Undeliverable re: 10 Returned USPS Certified Mail Receipt - Addressed to Brayan Omar Sanchez Servellon. (jberr, ) (Entered: 08/21/2026)

#18

Aug 26, 2026

RESPONSE to 13 MOTION for Order to filed by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, US Attorney General. (Attachments: # 1 Exhibit A_DO Declaration)(Weinberg, Anh) (Entered: 08/26/2026)

#19

Aug 28, 2026

MOTION to Withdraw Document re 9 Response to Habeas Petition,, and For Petition to be Denied as Moot by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, US Attorney General. (Wu, Winnie) (Entered: 08/28/2026)

#20

Aug 31, 2026

Mail Returned as Undeliverable re: 13 Order Respondents to Transfer back Petitioner - Addressed to Brayan Omar Sanchez Servellon. (jberr, ) (Entered: 09/02/2026)

#24

Sep 02, 2026

Mail Returned as Undeliverable re: 14 Affidavit/Return of Service Addressed to Brayan Omar Sanchez Servellon. (alxu, ) (Entered: 09/09/2026)

#21

Sep 04, 2026

ORDER by Magistrate Judge Susan Prose on 09/04/2026. This matter is before the court sua sponte. Petitioner filed Magistrate Judge consent form on July 23, 2026 (ECF No. [5)]. In its order of July 28, 2026 (ECF No. 6 ), this court set a deadline for all parties to indicate their position regarding consent to jurisdiction of a magistrate judge. To date, Respondents have not filed a consent form. Accordingly, this court construes the lack of response to indicate non-consent, and the Clerk's Office is respectfully directed to assign this matter to a United States District Judge. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 09/05/2026)

#22

Sep 04, 2026

CASE REASSIGNED Pursuant to 21 Order. Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 26-cv-02908-RMR. (Text Only Entry) (ccuen, ) (Entered: 09/08/2026)

Sep 05, 2026

Order

#23

Sep 09, 2026

ORDER. Respondents indicate in their Response to Petitioner's Motion for Order and Status Report 18 that Petitioner was subject to a final order of removal. In light of the circumstances in this case, the Court ORDERS Respondents to file the final order of removal documentation that supported Petitioner's removal from Texas to the Central African Republic by close of business Friday, September 11, 2026. SO ORDERED by Judge Regina M. Rodriguez on 9/9/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (rmrlc6, ) (Entered: 09/09/2026)

Sep 09, 2026

Order

#25

Sep 11, 2026

RESPONSE to 23 Order,, by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, US Attorney General. (Attachments: # 1 Exhibit A_IJ Removal Order, # 2 Exhibit B_EOIR Record)(Weinberg, Anh) (Entered: 09/11/2026)

#28

Sep 17, 2026

Order Respondents to Transfer back Petitioner to his Pre-existing Jurisdiction District of Colorado to Precerve[sic] Court's Jurisdiction Pending or Ruling on the Petition 28 U.S.C. § 2241, by Petitioner Brayan Omar Sanchez Servellon. (ccuen, ) (Entered: 09/17/2026)

#29

Sep 17, 2026

NOTICE of Entry of Appearance of Caleb Zwanzig, Student Attorney by Elizabeth B. Jordan on behalf of Brayan Omar Sanchez Servellon (Jordan, Elizabeth) (Entered: 09/17/2026)

#30

Sep 18, 2026

ORDER. IT IS ORDERED that: 1. Petitioner's Motion for Transfer to the District of Colorado, ECF No. 28 , is GRANTED. Respondents are ORDERED to transfer Petitioner from Central African Republic back to the District of Color ado; 2. Petitioner's Application for Writ of Habeas Corpus, ECF No. 1 , is GRANTED; 3. Once Petitioner is transferred back to the District of Colorado, Respondents shall IMMEDIATELY RELEASE Petitioner on his own recogn izance, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioner's trans portation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 4. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 5. During such periods of time as Petitioner remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until s uch time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 6. On or before September 25, 2026, Respondents shall file a status report certifying compliance with this Order; 7. Because Petitioner has received the relief requested, his First Motion for Transfer to the District of Colorado, ECF No. 13 , is DENIED AS MOOT; and 8. Respondents' Motion to Withdraw Document, ECF No. 19 , is DENIED AS MOOT. SO ORDERED by Judge Regina M. Rodriguez on 9/18/2026.(ccuen, )