District of Colorado • 1:26-cv-03441

Kussainov v. Mullin

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Case Information

Filed: July 29, 2026
Assigned to: Cyrus Y. Chung
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: October 13, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 29, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11173831)Attorney Shahzada F. Ashraf added to party YERKEBULAN KUSSAINOV (pty:pet), filed by YERKEBULAN KUSSAINOV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Petitioner's I-589 Application, # 3 Exhibit Petitioner's ID Documents and other Documents)(Ashraf, Shahzada) (Entered: 07/29/2026)
Main Document: APPLICATION
#2
Jul 29, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Shahzada "Shaw" Ashraf. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (jberr, ) (Entered: 07/29/2026)
#3
Jul 29, 2026
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (jberr, ) (Entered: 07/29/2026)
#4
Jul 29, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 07/29/2026)
Main Document: Magistrate
#5
Jul 29, 2026
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 7/29/2026. Text Only Entry (wjmja, ) (Entered: 07/29/2026)
#6
Jul 29, 2026
ORDER DIRECTING RESPONDENTS TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE it is ORDERED that Petitioner shall serve Respondents with a copy of the Petition, and all accompanying papers, along with a copy of this Order, by electronic mail on or before July 30, 2026. Petitioner shall forthwith file proof of such service on the docket, and counsel for Respondents shall forthwith thereafter enter their notices of appearance. The Court further ORDERS Respondents to Show Cause why the Petition should not be granted by no later than August 6, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, and in order to preserve this Court's jurisdiction, Respondents are hereby ENJOINED fromremoving, transferring, or causing to remove or transfer, Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. SO ORDERED by Judge William J. Martinez on 07/29/2026. (jrobe, ) (Entered: 07/29/2026)
Main Document: Order
#7
Jul 29, 2026
CERTIFICATE of Mailing/Service re 6 Order,,,, PROOF OF SERVICE by Petitioner Yerkebulan Kussainov. (Ashraf, Shahzada) (Entered: 07/29/2026)
Main Document: CERTIFICATE
Jul 29, 2026
Order
#8
Jul 31, 2026
NOTICE of Entry of Appearance by Winnie Wu on behalf of Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, Warden, Denver Contract Detention FacilityAttorney 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 U.S. Department of Homeland Security(pty:res), Attorney Winnie Wu added to party David Venturella(pty:res), Attorney Winnie Wu added to party Warden, Denver Contract Detention Facility(pty:res) (Wu, Winnie) (Entered: 07/31/2026)
Main Document: NOTICE
#9
Jul 31, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Yerkebulan Kussainov All parties consent.. (Ashraf, Shahzada) (Entered: 07/31/2026)
Main Document: CONSENT
#10
Aug 04, 2026
ORDER REFERRING CASE TO MAGISTRATE JUDGE the Court hereby ORDERS as follows:The above action is hereby REFERRED for final disposition to Judge Chung pursuant to 28 U.S.C. § 636 (c), Fed. R. Civ. P. 73 and D.C.COLO.LCiv.R 72.2. Judge Chung shall conduct any and all further proceedings in this case, including without limitation trial and entry of a final judgment. The parties and the Clerk of Court are DIRECTED to use the following case number for all future filings in this action: 26-cv-3441-CYC. SO ORDERED by Judge William J. Martinez on 08/04/2026. (jrobe, ) (Entered: 08/04/2026)
Main Document: Order on Consent to Jurisdiction of Magistrate Judge
#11
Aug 06, 2026
ANSWER to Complaint by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, Warden, Denver Contract Detention Facility.(Wu, Winnie) (Entered: 08/06/2026)
Main Document: ANSWER
#12
Aug 06, 2026
REPLY to 11 Answer to Complaint by Petitioner Yerkebulan Kussainov. (Ashraf, Shahzada) (Entered: 08/06/2026)
Main Document: REPLY
#13
Aug 07, 2026
ORDER granting Yerkebulan Kussainov's writ of habeas corpus (the "Motion"). Based upon the lack of brief in opposition to this Motion, the Court finds that any argument against Petitioner being granted a bond hearing is forfeited. Accordingly, the Court ORDERS that Respondents shall, within seven days of this Order, either provide the petitioner with a bond hearing under 8 U.S.C. § 1226(a), with the government bearing the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence, or release the petitioner. The respondents shall file a status report within nine days of this Order indicating whether the petitioner was released or a bond hearing was held and the outcome of any bond hearing. Entered by Magistrate Judge Cyrus Y. Chung on 08/07/2026. Text Only Entry. (agryan) (Entered: 08/07/2026)
Aug 07, 2026
Order
#16
Oct 13, 2026
Judgment - Clerk
Main Document: Judgment - Clerk
Oct 13, 2026
Minute Order