Completed
Case Information
Filed: September 11, 2026
Assigned to:
Charlotte N. Sweeney
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: September 24, 2026
Last Activity:
October 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 11, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119476), filed by Tajay Timani Timol. (Attachments: # 1 Envelope)(eguth, ) (Entered: 09/14/2026)
Main Document:
APPLICATION
#2
Sep 11, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Tajay Timani Timol. Petitioner Party Does Consent. (Attachments: # 1 Envelope)(eguth, ) (Entered: 09/14/2026)
Main Document:
CONSENT
#3
Sep 11, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) (Entered: 09/14/2026)
#4
Sep 15, 2026
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 09/15/2026. After review under D.C.COLO.LCivR 8.1, the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to District Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-04279-CNS.) 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. (pklin, ) (Entered: 09/15/2026)
Main Document:
Order Reassigning Case AND ~Util - Set/Clear Flags
#5
Sep 15, 2026
MINUTE ORDER: Before the Court is Petitioner Tajay Timani Timol's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1, in which Petitioner requests immediate release from immigration detention or, in the alternative, that the Court order Respondent to provide Petitioner with an individualized bond hearing, id. at 46. Having reviewed the application, after being served Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Application and are ORDERED TO SHOW CAUSE as to why the Application should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, 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 or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 9/15/2026. 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: 09/15/2026)
#6
Sep 15, 2026
MINUTE ORDER: The Court orders that the Clerk of Court's Office effectuate service of process on Respondent, ECF Nos. 1, 5, and file a certificate of service. Counsel for Respondent shall promptly enter a notice of appearance. by Judge Charlotte N. Sweeney on 9/15/2026. 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: 09/15/2026)
Sep 15, 2026
Minute Order
#7
Sep 16, 2026
CERTIFICATE of Service, by Clerk of Court re 1 Application for Writ of Habeas Corpus, 5 Minute Order for Service of Process. (Attachments: # 1 USPS Certified Mail Receipt) (sphil, ) (Entered: 09/16/2026)
Main Document:
CERTIFICATE
#8
Sep 17, 2026
Acknowledgment / Acceptance of Service on behalf of the United States Attorneys Office for the District of Colorado on 9/17/2026. (sphil, ) (Entered: 09/18/2026)
Main Document:
Acknowledgment
#9
Sep 21, 2026
RESPONSE to 5 Minute Order,,,,,,, by Respondents Juan Baltazar, Todd M. Blanche, Robert Hagan, Todd M. Lyons, Markwayne M. MullinAttorney Elliot Wertheim added to party Juan Baltazar(pty:res), Attorney Elliot Wertheim added to party Todd M. Blanche(pty:res), Attorney Elliot Wertheim added to party Robert Hagan(pty:res), Attorney Elliot Wertheim added to party Todd M. Lyons(pty:res), Attorney Elliot Wertheim added to party Markwayne M. Mullin(pty:res). (Wertheim, Elliot) (Entered: 09/21/2026)
Main Document:
RESPONSE
#10
Sep 21, 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 2. 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 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to his 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. 14 at 2, this argument fail to persuade. Compare ECF No. 14 at 2, 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 9/21/2026. 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. Text Only Entry (cnsja, ) (Entered: 09/21/2026)
Sep 21, 2026
Minute Order
#11
Sep 24, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd M. Blanche, Robert Hagan, Todd M. Lyons, Markwayne M. Mullin. (Wertheim, Elliot) (Entered: 09/24/2026)
Main Document:
STATUS
#12
Sep 24, 2026
MINUTE ORDER: Pursuant to the Court's Order, ECF No 10, and the representations made in the Status Report, ECF No. 11, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/24/26. 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. Text Only Entry (jdyne, ) (Entered: 09/24/2026)
#13
Sep 24, 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 9/24/26. 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: 09/24/2026)
Main Document:
Judgment
#14
Sep 24, 2026
RETURN Certified Mail Receipt of Service upon Warden, Denver Contract Detention Facility. (sphil, ) (Entered: 09/25/2026)
Main Document:
RETURN
Sep 24, 2026
Minute Order
#15
Sep 28, 2026
RETURN Certified Mail Receipt of Service upon Robert Hagan Field Office Director on 9/21/2026. (sphil, ) (Entered: 09/29/2026)
Main Document:
RETURN
#16
Oct 05, 2026
RETURN Certified Mail Receipt of Service upon the United States Attorney General on 9/25/2026. (sphil, ) (Entered: 10/07/2026)
Main Document:
RETURN
Parties
Baltazar
Party
Timani Timol (PS)
Party