District of Colorado • 1:26-cv-04895

#1

Oct 01, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11329784)Attorney Joseph Francis Rosales, III added to party Iris Sofia Tapia(pty:pet), filed by Iris Sofia Tapia. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Rosales, Joseph) (Entered: 10/01/2026)

#2

Oct 01, 2026

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 10/02/2026)

#3

Oct 02, 2026

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 10/2/2026. Text Only Entry (wjmja, ) (Entered: 10/02/2026)

#4

Oct 02, 2026

ORDER Directing Respondents to Show Cause and Setting Briefing Schedule. It is ORDERED that Petitioner shall serve Respondents a copy of the Petition, and all accompanying papers, along with a copy of this Order, by electronic mail on or before tomorrow, October 3, 2026. Petitioner shall forthwith file proof of such service on the docket, and counsel for Respondents shall forthwith thereafter enter their notices of appearance. The Court further ORDERS Respondents to Show Cause why the Petition should not be granted by no later than October 12, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, and in order to preserve this Court's jurisdiction, Respondents are hereby ENJOINED from removing, transferring, or causing to remove or transfer, Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. SO ORDERED by Judge William J. Martinez on 10/2/2026. (echa, ) (Entered: 10/02/2026)

#5

Oct 02, 2026

Exhibits in Support by Petitioner Iris Sofia Tapia. (Rosales, Joseph) (Entered: 10/02/2026)

Oct 02, 2026

Order

#10

Oct 20, 2026

ORDER GRANTING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: 1. The Court's Order to Show Cause (ECF No. 4 ) is MADE ABSOLUTE and Tapia's Petition (ECF No. 1 ) is GRANTED. 2. The Court GRANTS this relie f to Tapia pursuant to Counts One and Two of the Petition. The Court does not reach the merits of Tapia's alternative argument under Count Two. 3. By no later than this Thursday, October 22, 2026, Respondents shall IMMEDIATELY RELEASE Tapia on h er own recognizance, along with all her personal belongings, and may not impose any conditions of release or supervision that were not imposed in the original grant of humanitarian parole. No additional conditions of release shall be imposed on Tapia by Respondents. Respondents shall further facilitate Tapia's transportation from the detention facility by providing all necessary identity and travel documents to return to her primary address, 4. Respondents are ENJOINED from re-arresting or re-detaining Tapia unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that she is a flight risk or danger to the community such that her physical custody is legally justified pu rsuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Tapia shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Cou rt of Appeals, vacates this Order; 5. During such periods of time as Tapia remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Tapia from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 6. Should Tapia believe she has a good faith basis to seek attorney's fees pursuant to the Equal Access to Justice Act, she is GRANTED leave to fi le a motion seeking the same, along with all supporting documentation, by no later than November 17, 2026. Respondents shall file a response by no later than December 8, 2026, and Tapia shall file a reply by no later than December 22, 2026; and 7. Ju dgment shall enter in Tapia's favor and against Respondents on November 3, 2026, UNLESS prior thereto the Court is informed that Respondents have failed to fully and timely comply with the terms of this Order. SO ORDERED by Judge William J. Martinez on 10/20/2026. (jrobe, )

#11

Nov 03, 2026

Judgment