District of Colorado • 1:26-cv-03347

#1

Jul 23, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11163684)Attorney Paola Marisol Ledesma added to party EDDER ALEXANDER VANEGAS AYALA(pty:pet), filed by EDDER ALEXANDER VANEGAS AYALA. (Attachments: # 1 Exhibit Exhibits, # 2 Civil Cover Sheet Civil Cover Sheet)(Ledesma, Paola) (Entered: 07/23/2026)

#2

Jul 23, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Paola M. Ledesma. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jberr, ) (Entered: 07/24/2026)

#3

Jul 23, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 07/24/2026)

#4

Jul 24, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 07/24/2026)

#5

Jul 27, 2026

ORDER: Upon review of the 1 Petition for Writ of Habeas Corpus filed by Edder Alexander Vanegas Ayala, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before August 3, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.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 7/27/2026. Text Only Entry (skclc4) (Entered: 07/27/2026)

Jul 27, 2026

Order

#7

Jul 31, 2026

RESPONSE to 5 Order,,,, by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Markwayne MullinAttorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Pamela Bondi(pty:res), Attorney Winnie Wu added to party Robert Hagan(pty:res), Attorney Winnie Wu added to party Todd M. Lyons(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res). (Wu, Winnie) (Entered: 07/31/2026)

#8

Aug 03, 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. 7, p.2. 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 Edder Alexander Vanegas Ayala 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. Counsel for the parties shall promptly confer regarding Petitioner's 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 8/3/2026. Text Only Entry (skclc4) (Entered: 08/03/2026)

Aug 03, 2026

Order