District of Colorado • 1:26-cv-02936

#1

Jun 30, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11110859)Attorney Leanne Reetz Hightower added to party Zakariya Ahmed Osman(pty:pet), filed by Zakariya Ahmed Osman. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exh 1 - Notice to Appear, # 3 Exhibit Exh 2 - Order of Release on Recognizance, # 4 Exhibit Exh 3 - Notice of Alien Detention, # 5 Exhibit Exh 4- Notice of Individual Merit Hearing, # 6 Exhibit Exh 5 - ISAP Notice of In-Person Check-in, # 7 Exhibit Exh 6 - Warrant for Arrest of Alien, # 8 Exhibit Exh 7 - Notice of Appeal, # 9 Exhibit Exh 8 - EOIR Case Status)(Hightower, Leanne) (Entered: 06/30/2026)

#2

Jun 30, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus,, filed by attorney Leanne Reetz Hightower. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block on all future documents.(Text Only Entry). (manoe, ) (Entered: 07/01/2026)

#3

Jun 30, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (manoe, ) (Entered: 07/01/2026)

#4

Jul 01, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 07/01/2026)

#5

Jul 16, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on July 16, 2026. This matter is before the court on Petitioner Zakariya Ahmed Osman's "Verified Petition for 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 Verified Petition for 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. 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. Text Only Entry (sjeff) (Entered: 07/16/2026)

Jul 16, 2026

Minute Order

#6

Jul 23, 2026

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, David VenturellaAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res), Attorney Nicholas Albert Deuschle added to party David Venturella(pty:res) (Deuschle, Nicholas) (Entered: 07/23/2026)

#7

Jul 23, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella All parties consent.. (Deuschle, Nicholas) (Entered: 07/23/2026)

#8

Jul 23, 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 7 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 07/23/2026. Text Only Entry. (agryan) (Entered: 07/23/2026)

Jul 23, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#9

Jul 30, 2026

RESPONSE to 5 Minute Order,,,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Deuschle, Nicholas) (Entered: 07/30/2026)

#10

Sep 14, 2026

ORDER by Magistrate Judge Susan Prose on 09/14/2026. The 1 Verified Petition for Writ of Habeas Corpus (the "Petition") is GRANTED in part. In light of Respondents' decision to forego filing a brief in opposition to the Petition, it is ORDERED that Respondents, within seven days of the date of this order, shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), during which the government shall bear the burden of proving that Petitioner's continued detention is justified by clear and convincing evidence. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (citations omitted); see also, e.g., Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026) ("[T]he weight of authority in this District is clear: it is the Governments burden to justify a noncitizens continued detention at a bond hearing." (citation modified) (collecting cases)); Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025) (finding that "the clear and convincing standard that generally applies to civil detention where liberty is at stake is appropriate here as well"). But see De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *4 (D. Colo. Feb. 17, 2026) (declining to place this burden on the government in a similar case). It is further ORDERED that within five days of Petitioners bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied. Text Only Entry (sjeff) (Entered: 09/14/2026)

Sep 14, 2026

Order

#11

Sep 23, 2026

STATUS REPORT pursuant to the Court's September 14, 2026, Order (ECF No. 10) by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Deuschle, Nicholas) (Entered: 09/23/2026)

#12

Sep 25, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/25/2026. This matter is before the court on Respondents' 11 Status Report. On September 14, 2026, the court granted petitioner's habeas petition and ordered respondents to provide petitioner with a bond hearing within seven days of the date of the court's order (ECF No. 10 ). Respondents have now filed a status report informing the court that petitioner received his bond hearing on September 18, 2026. The Immigration Judge denied bond and concluded that the government had established that Petitioner's continued detention is justified by clear and convincing evidence. (ECF No. 11 at 2). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/25/2026)

#13

Sep 25, 2026

FINAL JUDGMENT pursuant to Orders 10 and 12 . Entered by the Clerk of the Court on 09/25/2026. (sjeff) (Entered: 09/25/2026)

Sep 25, 2026

Minute Order

#14

Oct 16, 2026

Enforce Judgment