District of Colorado • 1:26-cv-03195

#1

Jul 16, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 118763), filed by Miguel Vega-Morado. (Attachments: # 1 Continuation of Main Document, # 2 Receipt, # 3 Envelope)(dhern, ) (Entered: 07/16/2026)

#2

Jul 16, 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: 07/16/2026)

#3

Jul 17, 2026

ORDER DRAWING CASE. The court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 07/17/2026. Case randomly reassigned to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-03195-TPO. 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. (jrobe, ) (Entered: 07/17/2026)

#4

Jul 17, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jrobe, ) (Entered: 07/17/2026)

#5

Jul 20, 2026

ORDER. Respondent is ORDERED to show cause within seven (7) days from the date of this Order why the Petition [ECF 1 ] should not be granted. Within twenty-one (21) days of Respondents answer to this Order to Show Cause, Petitioner may file a reply. Within seven (7) days form the date of this Order the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [ECF 4 ], indicating either the unanimous consent of the parties or that consent has been declined. By Magistrate Judge Timothy P. O'Hara on 7/20/2026. 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. (ggill, ) (Entered: 07/20/2026)

#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 Certified Mail Receipt USAG, # 2 Certified Mail Receipt Warden, Aurora ICE Processing Center) (ggill, ) (Entered: 07/20/2026)

#7

Jul 20, 2026

RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 07/20/2026)

#8

Jul 27, 2026

RESPONSE to 5 Order,,, by Respondent Warden, Aurora ICE Processing CenterAttorney Nicholas Albert Deuschle added to party Warden, Aurora ICE Processing Center(pty:res). (Deuschle, Nicholas) (Entered: 07/27/2026)

#9

Jul 27, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Warden, Aurora ICE Processing Center All parties do not consent.. (Deuschle, Nicholas) (Entered: 07/27/2026)

#10

Jul 27, 2026

MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF 9 ] expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv-03195- CNS). By Magistrate Judge Timothy P. O'Hara 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. (ggill, ) (Entered: 07/27/2026)

#11

Jul 27, 2026

RETURN of Service upon Respondent Warden, Aurora ICE Processing Center. (ggill, ) (Entered: 07/27/2026)

#12

Jul 28, 2026

MINUTE ORDER: Before the Court is 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...." Id. at 1. In light of the representation in Respondent's response, 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 he was subject to immediately prior to his 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 his 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 7/28/2026. 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 (cnsja, ) (Entered: 07/28/2026)

#14

Jul 28, 2026

NOTICE of Consent to U.S. Magistrate Judge by Petitioner Miguel Vega-Morado (sphil, ) (Entered: 07/30/2026)

Jul 28, 2026

Minute Order

#13

Jul 29, 2026

STATUS REPORT by Respondent Warden, Aurora ICE Processing Center. (Deuschle, Nicholas) (Entered: 07/29/2026)

#15

Aug 10, 2026

Mail Returned as Undeliverable re: 10 MINUTE ORDER - Addressed to Miguel Vega-Morado. (jberr, ) (Entered: 08/12/2026)

#16

Aug 10, 2026

Mail Returned as Undeliverable re: 12 MINUTE ORDER - Addressed to Miguel Vega-Morado. (jberr, ) (Entered: 08/12/2026)

#17

Aug 17, 2026

RETURN of Service upon the USAG. (ggill, ) (Entered: 08/17/2026)

#18

Aug 24, 2026

Mail Returned as Undeliverable re: 14 Notice (Other) Addressed to Miguel Vega-Morado. (eguth, ) (Entered: 08/26/2026)

#19

Sep 10, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 12, and the representations made in the Status Report, ECF No. 13, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/10/2026. Text Only Entry (cnsja, ) (Entered: 09/10/2026)

#20

Sep 10, 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 9/10/26. 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. (jdyne, ) (Entered: 09/10/2026)

Sep 10, 2026

Minute Order