District of Colorado • 1:26-cv-04902

#1

Oct 01, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119791), filed by Juan Antonio Carbajal Luna. (Attachments: # 1 Receipt)(dhern, ) (Entered: 10/02/2026)

#2

Oct 01, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 10/02/2026)

#3

Oct 05, 2026

ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 10/5/2026. Case randomly reassigned to Chief Judge Regina M. Rodriguez and Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-4902-RMR. 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. (bschl, ) (Entered: 10/05/2026)

#4

Oct 05, 2026

ORDER. This matter is before the Court on Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. ECF No. 1 . The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the 1 Application, and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243. 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 unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Chief Judge Regina M. Rodriguez on 10/5/2026. 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 (kmyha) (Entered: 10/05/2026)

#5

Oct 05, 2026

CERTIFICATE of Service by Clerk of Court re: Service of Process of 1 Application for Writ of Habeas Corpus, 4 Order (Attachments: # 1 Certified Mail Receipts) (ccuen, ) (Entered: 10/05/2026)

#6

Oct 05, 2026

ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado Re: 5 Certificate of Service (ccuen, ) (Entered: 10/05/2026)

Oct 05, 2026

Order

#7

Oct 13, 2026

RESPONSE to 4 Order,,,, by Respondent Warden/Facility AdministratorAttorney Erika A. Kelley added to party Warden/Facility Administrator(pty:res). (Kelley, Erika) (Entered: 10/13/2026)

#8

Oct 13, 2026

ORDER. 1. The Petition for Writ of Habeas Corpus (ECF No. 1 ) is GRANTED; 2. Respondents shall IMMEDIATELY RELEASE Petitioner on his own recognizance, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioners transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 3. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 4. During such periods of time as Petitioner remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; and 5. On or before October 20, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Chief Judge Regina M. Rodriguez on 10/13/2026. 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. (ccuen, ) (Entered: 10/13/2026)

#9

Oct 13, 2026

Returned USPS Certified Mail Receipt re: 5 Certificate of Service Addressed to ICE Aurora Contract Detention Facility (ccuen, ) (Entered: 10/16/2026)

#10

Oct 20, 2026

STATUS REPORT by Respondent Warden/Facility Administrator. (Kelley, Erika) (Entered: 10/20/2026)

#11

Oct 22, 2026

FINAL JUDGMENT re: 8 Order, entered by Chief Judge Regina M. Rodriguez on 10/22/2026. 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. (kmyha) (Entered: 10/22/2026)