District of Colorado • 1:26-cv-03196

Habib v. Baltazar

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Case Information

Filed: July 16, 2026
Assigned to: Susan Prose
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 16, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 118779), filed by Hamza Souleiman Habib. (Attachments: # 1 Statement of Facts, # 2 Memorandum of Bond Decision and Order, # 3 Exhibit, # 4 Receipt, # 5 Envelope)(dhern, ) (Entered: 07/16/2026)
Main Document: APPLICATION
#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 23, 2026
ORDER Drawing Case. It is ORDERED that this case shall be assigned to Magistrate Judge Susan Prose, by Magistrate Judge Richard T. Gurley on 7/23/2026. 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. (eluce, ) (Entered: 07/24/2026)
Main Document: Order Reassigning Case
#4
Jul 24, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eluce, ) (Entered: 07/24/2026)
Main Document: Magistrate
#5
Jul 28, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on 07/27/2026. This matter is before the court on Petitioner Hamza Souleiman Habib's "Application for 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 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."). 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. 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)
Jul 28, 2026
Minute Order
#6
Jul 29, 2026
CERTIFICATE of Service by Clerk of Court re: Service of Process of 1 Application for Writ of Habeas Corpus, (5) Minute Order. (Attachments: # 1 Certified Mail Receipts) (ccuen, ) (Entered: 07/29/2026)
Main Document: CERTIFICATE
#7
Jul 29, 2026
ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado Re: 6 Certificate of Service (ccuen, ) (Entered: 07/29/2026)
Main Document: ACKNOWLEDGEMENT
#8
Aug 04, 2026
NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George ValdezAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Todd Blanche(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res), Attorney Anh Weinberg added to party George Valdez(pty:res) (Weinberg, Anh) (Entered: 08/04/2026)
Main Document: NOTICE
#9
Aug 05, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez All parties consent.. (Weinberg, Anh) (Entered: 08/05/2026)
Main Document: CONSENT
#10
Aug 05, 2026
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit A)(Weinberg, Anh) (Entered: 08/05/2026)
Main Document: Extension of Time to File Answer or Otherwise Respond
#11
Aug 05, 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 9 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, by Chief Judge Daniel D. Domenico on 8/5/2026. 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 (sphil, ) (Entered: 08/05/2026)
#12
Aug 05, 2026
Returned USPS Certified Mail Receipt re: 6 Certificate of Service Addressed to ICE Aurora Contract Detention Facility (ccuen, ) (Entered: 08/06/2026)
Main Document: Returned
Aug 05, 2026
Order Referring Case to Magistrate Judge
#13
Aug 08, 2026
ORDER GRANTING Respondents 10 Motion for an Extension of Time to Respond to the Application for Writ of Habeas Corpus (ECF No. 1) by Magistrate Judge Susan Prose on August 8, 2026. Respondents' response is due August 12, 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.(sjeff) (Entered: 08/08/2026)
Aug 08, 2026
Order on Motion for Extension of Time to Answer or Otherwise Respond
#14
Aug 10, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Weinberg, Anh) (Entered: 08/10/2026)
Main Document: RESPONSE
#15
Aug 20, 2026
Returned USPS Certified Mail Receipt re: 6 Certificate of Service Addressed to United States Attorney General (ccuen, ) (Entered: 08/21/2026)
Main Document: Returned
#16
Aug 20, 2026
Supplemental BRIEF in Support of Hamza Souleiman Habib, by Petitioner Hamza Souleiman Habib. (Attachments: # 1 Attachment, # 2 Envelope)(ccuen, ) (Entered: 08/21/2026)
Main Document: Supplemental
#17
Sep 24, 2026
ORDER ON APPLICATION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Susan Prose on 09/24/2026. For the reasons more fully set forth in the attached it is ORDERED:(1) The Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. [1)] is GRANTED in part;(2) Within 48 hours of this Order, Respondents SHALL RELEASE Petitioner from custody; and(3) On or before October 2, 2026, Respondents SHALL FILE a status report confirming that Petitioner was released. 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: 09/24/2026)
Main Document: Order
#18
Sep 24, 2026
CERTIFICATE of Service by US Mail by Clerk of Court re 17 Order, to Hamza Souleiman Habib, #A246572813, ICE Aurora Contract Detention Facility, 3130 North Oakland Street, Aurora, CO 80010. Text Only Entry (sjeff) (Entered: 09/24/2026)
#19
Oct 02, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Weinberg, Anh) (Entered: 10/02/2026)
Main Document: STATUS
#22
Oct 29, 2026
Judgment - Clerk
Main Document: Judgment - Clerk
Oct 29, 2026
Minute Order

Parties

Baltazar
Party
Habib
Party