District of Colorado • 1:26-cv-04658

#1

Sep 21, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11303194)Attorney Leanne Reetz Hightower added to party Juan Manuel Hernandez Hernandez(pty:pet), filed by Juan Manuel Hernandez Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1, Form I-94, # 3 Exhibit Exhibit 2, Notice to Appear., # 4 Exhibit Exhibit 3, Application for Asylum, # 5 Exhibit Exhibit 4, Form I-830)(Hightower, Leanne) (Entered: 09/21/2026)

#2

Sep 21, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jberr, ) (Entered: 09/22/2026)

#3

Sep 23, 2026

MINUTE ORDER: Before the Court is Petitioner Juan Manuel Hernandez Hernandez's Petition 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 Respondents to provide Petitioner with a custody-redetermination hearing, id. at 13. Having reviewed the petition, the Court ORDERS Petitioner to, no later than two 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 9/23/2026. Text Only Entry (cnsja, ) (Entered: 09/23/2026)

Sep 23, 2026

Minute Order

#4

Sep 29, 2026

AFFIDAVIT/RETURN of Service of Petition for Habeas Corpus with Supporting Exhibits, Order to Show Cause, Civil Cover Sheet, upon Kevin Traskos, U.S. Attorney for District of Colorado, David Venurella, Markwayne Mullin, Todd Blanche, in their official capacities on 09/25/2026, 09/28/2026, filed by Petitioner Juan Manuel Hernandez Hernandez (Attachments: # 1 Exhibit Proof of Hand Delivery)(Hightower, Leanne) (Entered: 09/29/2026)

#5

Oct 05, 2026

RESPONSE to 3 Minute Order,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David VenturellaAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd Blanche(pty:res), Attorney Victor William Scarpato, III added to party Markwayne Mullin(pty:res), Attorney Victor William Scarpato, III added to party David Venturella(pty:res). (Scarpato, Victor) (Entered: 10/05/2026)

#6

Oct 06, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 5. 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 8 U.S.C. § 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. See Singh v. Baltazar, 819 F. Supp. 3d 1247, 1250 51 (D. Colo. 2026). The Court notes that Respondents acknowledge that release is the appropriate remedy in this case. See ECF No. 5 at 2; Santillan Quiroz, 180 F.4th at 1251 n.13; Singh, 819 F. Supp. 3d at 125051. By Judge Charlotte N. Sweeney on 10/6/2026. Text Only Entry (cnsja, ) (Entered: 10/06/2026)

Oct 06, 2026

Minute Order

#7

Oct 08, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Scarpato, Victor) (Entered: 10/08/2026)

#8

Oct 13, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No 6, and the representations made in the Status Report, ECF No. 7, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 10/13/26. Text Only Entry (jdyne, ) (Entered: 10/13/2026)

#9

Oct 13, 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 10/13/26. (jdyne, ) (Entered: 10/13/2026)

Oct 13, 2026

Minute Order