District of Colorado • 1:26-cv-03117

#1

Jul 13, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 118728), filed by MD Naim Islam. (Attachments: # 1 Envelope, # 2 Receipt)(dhern, ) (Entered: 07/13/2026)

#2

Jul 13, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 07/13/2026)

#3

Jul 17, 2026

Order Reassigning Case

#4

Jul 17, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 07/17/2026)

#5

Jul 17, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by MD Naim Islam, it is ORDERED that the Clerk of Court shall effect service on Respondents.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 7/17/2026. 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 (skclc1) (Entered: 07/17/2026)

Jul 17, 2026

Order

#6

Jul 20, 2026

CERTIFICATE of Service by Clerk of Court re 5 Order 1 Application for Writ of Habeas Corpus for Service of Process. (Attachments: # 1 USPS certified mail receipt) (jrobe, ) (Entered: 07/20/2026)

#7

Jul 20, 2026

Acknowledgement Letter filed on behalf of the United States Attorney's Office for the District of Colorado.(jrobe, ) (Entered: 07/20/2026)

#8

Jul 23, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner MD Naim Islam. Petitioner consents. (echa, ) (Entered: 07/23/2026)

#9

Jul 24, 2026

RESPONSE to 5 Order,,, by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, U.S. Attorney GeneralAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Department of Homeland Security(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Lyons(pty:res), Attorney Nicholas Albert Deuschle added to party U.S. Attorney General(pty:res). (Deuschle, Nicholas) (Entered: 07/24/2026)

#10

Jul 27, 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. 9, p.1. 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). Considering 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:Petitioner MD Naim Islam 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;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. Respondents shall promptly confer with Petitioner regarding his wishes;If necessary, Respondents SHALL transport Petitioner back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;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; andRespondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 7/27/2026. 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 (skclc4) (Entered: 07/27/2026)

#11

Jul 27, 2026

CERTIFIED MAIL RETURN as to Juan Baltazar. (echa, ) (Entered: 07/27/2026)

Jul 27, 2026

Order

#12

Jul 29, 2026

STATUS REPORT by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, U.S. Attorney General. (Deuschle, Nicholas) (Entered: 07/29/2026)

#13

Jul 29, 2026

ORDER re: 12 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 5 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 7/29/2026.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 (skclc4) (Entered: 07/29/2026)

Jul 29, 2026

Order

#14

Jul 30, 2026

Judgment