District of Colorado • 1:26-cv-04589

Anselmi-Perez v. Warden, Denver Contract Detention Facility

Completed

Case Information

Filed: September 17, 2026
Assigned to: Charlotte N. Sweeney
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: October 05, 2026
Last Activity: October 05, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 17, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11295997)Attorney Ulysses Eduardo Lopez added to party Gregory D Anselmi Perez(pty:pet), filed by Gregory D Anselmi Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Lopez, Ulysses) (Entered: 09/17/2026)
Main Document: APPLICATION
#2
Sep 17, 2026
Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 09/18/2026)
#3
Sep 17, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 09/18/2026)
Main Document: Magistrate
#4
Sep 17, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Ulysses Eduardo Lopez. 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) (eguth, ) (Entered: 09/18/2026)
#5
Sep 18, 2026
MINUTE ORDER: Before the Court is Petitioner Gregory Damian Anselmi-Perez's Petition for 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 Respondents to provide Petitioner with an individualized bond hearing, id. at 14-15. Having reviewed the petition, the Court ORDERS Petitioner to, no later than three calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and any accompanying papers, along with a copy of this Order, by e-mail and mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition 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 9/18/2026. Text Only Entry (cnsja, ) (Entered: 09/18/2026)
Sep 18, 2026
Minute Order
#6
Sep 21, 2026
NOTICE re 5 Minute Order,,,,,,,, Proof of Service by Petitioner Gregory Damian Anselmi-Perez (Attachments: # 1 Exhibit)(Lopez, Ulysses) (Entered: 09/21/2026)
Main Document: NOTICE
#7
Sep 28, 2026
MOTION for Extension of Time to Accept Late Service by Petitioner Gregory Damian Anselmi-Perez. (Lopez, Ulysses) (Entered: 09/28/2026)
Main Document: Extension of Time
#8
Sep 28, 2026
NOTICE re 6 Notice (Other) Amended Notice of Filing with Corrected Affidavit of Service by Petitioner Gregory Damian Anselmi-Perez (Attachments: # 1 Exhibit)(Lopez, Ulysses) (Entered: 09/28/2026)
Main Document: NOTICE
#9
Sep 29, 2026
ORDER granting 7 Unopposed Motion for Extension of Time to Accept Late Service. By Judge Charlotte N. Sweeney on 9/29/2026. Text Only Entry(cnsja, ) (Entered: 09/29/2026)
Sep 29, 2026
Order on Motion for Extension of Time to File
#10
Sep 30, 2026
RESPONSE to 5 Minute Order,,,,,,,, (Order to Show Cause) by Respondents Todd Blanche, Markwayne Mullin, David Venturella, Warden, Denver Contract Detention FacilityAttorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res), Attorney Nicholas Albert Deuschle added to party David Venturella(pty:res), Attorney Nicholas Albert Deuschle added to party Warden, Denver Contract Detention Facility(pty:res). (Deuschle, Nicholas) (Entered: 09/30/2026)
Main Document: RESPONSE
#11
Sep 30, 2026
MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondents' response to it, ECF No. 10. 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 petition, 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. 10 at 2, this argument fail to persuade. Compare ECF No. 10 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 9/30/2026. Text Only Entry (cnsja, ) (Entered: 09/30/2026)
Sep 30, 2026
Minute Order
#12
Oct 05, 2026
STATUS REPORT pursuant to the Court's September 30, 2026, Order (ECF No. 11) by Respondents Todd Blanche, Markwayne Mullin, David Venturella, Warden, Denver Contract Detention Facility. (Deuschle, Nicholas) (Entered: 10/05/2026)
Main Document: STATUS
#13
Oct 05, 2026
MINUTE ORDER: Pursuant to the Court's Order, ECF No 11, and the representations made in the Status Report, ECF No. 12, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 10/5/26. Text Only Entry (jdyne, ) (Entered: 10/05/2026)
#14
Oct 05, 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 10/5/26. (jdyne, ) (Entered: 10/05/2026)
Main Document: Judgment
Oct 05, 2026
Minute Order

Parties

Anselmi-Perez
Party
Warden, Denver Contract Detention Facility
Party