District of Colorado • 1:26-cv-03386

#1

Jul 27, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118886), filed by Amadou Ndiaye. (Attachments: # 1 Attachment- Memo in Support, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Receipt, # 6 Envelope)(manoe, ) (Entered: 07/28/2026)

#2

Jul 27, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (manoe, ) (Entered: 07/28/2026)

#3

Aug 12, 2026

ORDER Drawing Case. It is ORDERED that that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge, by Magistrate Judge Richard T. Gurley on 8/12/2026. (Case randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 26-cv-03386-SBP.) 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: 08/12/2026)

#4

Aug 12, 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: 08/12/2026)

#5

Aug 20, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Amadou Ndiaye - Petitioner does consent. (Attachments: # 1 Envelope)(dhern, ) (Entered: 08/21/2026)

#6

Aug 31, 2026

ORDER. Petitioner Amadou Ndiaye is a federal immigration detainee at the Aurora Detention Center in Aurora, Colorado. This matter is before the court on Petitioner's "Application for a 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 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 should not be granted. Petitioner may file a reply within seven days of Respondents filing their response. 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. 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, by Magistrate Judge Susan Prose on 8/31/2026. 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. (ccuen, ) (Entered: 08/31/2026)

#7

Aug 31, 2026

CERTIFICATE of Service by Clerk of Court re: Service of Process of 1 Application for Writ of Habeas Corpus, 6 Order to Show Cause, (Attachments: # 1 Certified Mail Receipts) (ccuen, ) (Entered: 08/31/2026)

#8

Aug 31, 2026

ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado, Re: 7 Certificate of Service (ccuen, ) (Entered: 08/31/2026)

#11

Sep 04, 2026

Returned USPS Certified Mail Receipt re: 7 Certificate of Service Addressed to ICE Aurora Contract Detention Facility (ccuen, ) (Entered: 09/09/2026)

#9

Sep 08, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, and Order to Show Cause Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party David J. Venturella(pty:res)Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party David J. Venturella(pty:res) by Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella.(Wu, Winnie) (Entered: 09/08/2026)

#10

Sep 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella All parties do not consent.. (Wu, Winnie) (Entered: 09/08/2026)

#12

Sep 09, 2026

CASE REASSIGNED Pursuant to 10 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-03386-CNS. (Text Only Entry) (ccuen, ) (Entered: 09/10/2026)

#13

Sep 10, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 9. In the response, Respondents state that they are "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondents' 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 Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's habeas application, ECF No. 1. It is ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 72 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to her recent detention. Respondents SHALL FILE a status report within THREE DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents demonstrate, 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 Respondents contend that a bond hearing is the appropriate remedy, see ECF No. 9 at 2, this argument fail to persuade. Compare id., with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 9/10/2026. 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: 09/10/2026)

Sep 10, 2026

Minute Order

#14

Sep 14, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella. (Wu, Winnie) (Entered: 09/14/2026)

#15

Sep 22, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 13, and the representations made in the Status Report, ECF No. 14, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/22/2026. Text Only Entry (cnsja, ) (Entered: 09/22/2026)

Sep 22, 2026

Minute Order

#16

Sep 23, 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 9/23/26. 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: 09/23/2026)

#17

Sep 24, 2026

Mail Returned as Undeliverable re: 11 Affidavit/Return of Service Addressed to Amadou Ndiaye. (eguth, ) (Entered: 09/25/2026)