District of Colorado • 1:26-cv-03823

#1

Aug 20, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119177), filed by Baidy Dia. (Attachments: # 1 Receipt, # 2 Envelope)(bschl, ) (Entered: 08/20/2026)

#2

Aug 20, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (bschl, ) (Entered: 08/20/2026)

#3

Aug 21, 2026

ORDER DRAWING CASE. It is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-03823-MDB). Entered by Magistrate Judge Richard T. Gurley on 8/21/2026. 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. (echa, ) (Entered: 08/21/2026)

#4

Aug 21, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) (Entered: 08/21/2026)

#5

Aug 24, 2026

ORDER TO SHOW CAUSE it is ORDERED that Respondent show cause within seven (7) days from the date of this Order why the Petition (Doc. No. 1 ) should not be granted. It is FURTHER ORDERED that within twenty-one (21) days of Respondent's answer to this Order to Show Cause, Petitioner may file a reply. It isFURTHER ORDERED that within seven (7) days from the date of this Order the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form (Doc. No. 4 ), indicating either the unanimous consent of the parties or that consent has been declined. By Magistrate Judge Maritza Dominguez Braswell on 08/24/2026. 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. (jrobe, ) (Entered: 08/24/2026)

#6

Aug 24, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 5 Order to Show Cause for Service of Process. (Attachments: # 1 USPS certified mail receipts) (jrobe, ) (Entered: 08/24/2026)

#7

Aug 25, 2026

Acknowledgement Letter filed on behalf of the United States Attorney's Office for the District of Colorado. (jrobe, ) (Entered: 08/25/2026)

#8

Aug 28, 2026

RESPONSE to 5 Order to Show Cause,,, by Respondent Juan BaltazarAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res). (Prochazka, Julia) (Entered: 08/28/2026)

#9

Aug 28, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Juan Baltazar All parties do not consent.. (Prochazka, Julia) (Entered: 08/28/2026)

#11

Aug 31, 2026

USPS Certified Mail Receipt Return as to Juan Baltazar. (jrobe, ) (Entered: 09/02/2026)

#13

Aug 31, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Baidy Dia - Petitioner Party Does consent. (alxu, ) (Entered: 09/02/2026)

#10

Sep 02, 2026

CASE REASSIGNED Pursuant to 9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 26-cv-03823-CNS. (Text Only Entry) (jrobe, ) (Entered: 09/02/2026)

#12

Sep 02, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondent's Response to it, ECF No. 8 . Petitioner, a citizen of Senegal, states that although his order of removal became final more than six months ago, his removal is not significantly likely to occur in the reasonably foreseeable future. See ECF No. 1 at 3-6, 11. In the Response, Respondent states that he "is not submitting a brief in opposition to the Petition." ECF No. 8 at 1. In Zadvydas v. Davis, the Supreme Court stated that if a noncitizen with a final order of removal has been detained pursuant to 8 U.S.C. § 1231(a) for more than six months and "provides good reason to believe that there is no significant likelihood of [their] removal in the reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that showing" in order for the noncitizen's continued detention to remain reasonable. 533 U.S. 678, 701 (2001). In light of this, as well as Respondent's representation that he "is not submitting a brief in opposition to the Petition," ECF No. 8 at 1, the Court finds that Petitioner has met his un-rebutted burden of establishing that his continued detention is unreasonable. Accordingly, 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, under reasonable conditions of supervision pursuant to 8 U.S.C. § 1231(a)(3), to the extent any such conditions "are appropriate in the circumstances," Zadvydas, 533 U.S. at 700. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Additionally, Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless he 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. By Judge Charlotte N. Sweeney on 9/2/2026. 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: 09/02/2026)

Sep 02, 2026

Minute Order

#14

Sep 03, 2026

STATUS REPORT by Respondent Juan Baltazar. (Prochazka, Julia) (Entered: 09/03/2026)