District of Colorado • 1:26-cv-02953

#1

Jul 01, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11113554)Attorney Alec S. Bracken added to party Rafaela Gonzalez Frutos(pty:pet), filed by Rafaela Gonzalez Frutos.(Bracken, Alec) (Entered: 07/01/2026)

#2

Jul 01, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus filed by attorney Alec Bracken. 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

Jul 01, 2026

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

#4

Jul 01, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 07/01/2026)

#5

Jul 07, 2026

MINUTE ORDER: Before the Court is Petitioner Rafaela Gonzalez Fruto's Verified Petition for Habeas Corpus. ECF No. 1. In the Petition, Petitioner requests that the Court order her immediate release from immigration detention or, in the alternative, order that she receive a bond hearing pursuant to 8 U.S.C. § 1226(a). See ECF No. 1 at 3; ECF No. 2 at 2. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, 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 or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 7/7/2026. Text Only Entry (cnsja, ) (Entered: 07/07/2026)

Jul 07, 2026

Minute Order

#6

Jul 08, 2026

SUMMONS Returned Executed upon defendant(s) Rafaela Gonzalez Frutos served on 7/7/2026, answer due 9/8/2026. (Bracken, Alec) (Entered: 07/08/2026)

#7

Jul 10, 2026

SUMMONS Returned Executed by Rafaela Gonzalez Frutos. Markwayne Mullin served on 7/9/2026, answer due 7/30/2026. (Bracken, Alec) (Entered: 07/10/2026)

#8

Jul 15, 2026

RESPONSE to 5 Minute Order,,,,,,,, 1 Application for Writ of Habeas Corpus by Respondent Markwayne MullinAttorney Leslie Carol Schulze added to party Markwayne Mullin(pty:res). (Schulze, Leslie) (Entered: 07/15/2026)

#9

Jul 15, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition, ECF No. 1, and Respondent's response to it, ECF No. 8 . In the response, Respondent states that he is "not submitting a brief in opposition to the Petition." ECF No. 8 at 1. In light of this representation, 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 generally Santillan Quiroz v. Mullin, et. al, No. 26-6019, --- F.4th ---, 2026 WL 1876709, *17 (10th Cir. June 30, 2026), the Court GRANTS Petitioner's habeas petition, ECF No. 1. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, and may not impose any additional conditions of release or supervision beyond those she was subject to immediately prior to her recent detention. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that her physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 8 at 1, this argument fail to persuade. Compare ECF No. 8 at 1, 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). By Judge Charlotte N. Sweeney on 7/15/2026. Text Only Entry (cnsja, ) (Entered: 07/15/2026)

Jul 15, 2026

Minute Order

#10

Jul 17, 2026

STATUS REPORT by Respondent Markwayne Mullin. (Schulze, Leslie) (Entered: 07/17/2026)

#11

Aug 13, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 9, representations made in the Status Report, ECF No. 10, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 8/13/2026. Text Only Entry (cnsja, ) (Entered: 08/13/2026)

#12

Aug 13, 2026

FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 8/13/26. (jdyne, ) (Entered: 08/13/2026)

Aug 13, 2026

Minute Order