District of Colorado • 1:26-cv-04946

#1

Oct 05, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11336151)Attorney Laura L. Lichter added to party Maria Macalak(pty:pet), filed by Maria Macalak. (Attachments: # 1 Exhibit MTR Grant, # 2 Exhibit IJ Bond Order, # 3 Exhibit I-352 Bond Contract, # 4 Exhibit G-56 ICE Call in Letter, # 5 Civil Cover Sheet Civil Cover Sheet)(Lichter, Laura) (Entered: 10/05/2026)

#2

Oct 05, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) (Entered: 10/05/2026)

#3

Oct 05, 2026

MINUTE ORDER: Before the Court is Petitioner Maria Macalak'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, id. at 14. 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 copies 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 10/5/2026. Text Only Entry (cnsja, ) (Entered: 10/05/2026)

Oct 05, 2026

Minute Order

#4

Oct 06, 2026

CERTIFICATE of Mailing/Service re 3 Minute Order,,,,,,,, by Petitioner Maria Macalak. (Lichter, Laura) (Entered: 10/06/2026)

#5

Oct 14, 2026

RESPONSE to 3 Minute Order,,,,,,,, by Respondents Markwayne Mullin, George ValdezAttorney Erika A. Kelley added to party Markwayne Mullin(pty:res), Attorney Erika A. Kelley added to party George Valdez(pty:res). (Kelley, Erika) (Entered: 10/14/2026)

#6

Oct 15, 2026

ORDER: Before the Court is Petitioner's habeas petition, 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 1-2. Respondents further "submit" that the Court "should issue an order requiring removal of the GPS ankle monitor and vacating other conditions of release." Id. at 2. In light of the representations 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 MUST REMOVE the GPS ankle monitor. The Court, consistent with Respondents' own representation, further VACATES conditions of release for Petitioner. 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 her physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. By Judge Charlotte N. Sweeney on 10/15/2026. Text Only Entry (cnsja, ) (Entered: 10/15/2026)

Oct 15, 2026

Order

#7

Oct 19, 2026

STATUS REPORT by Respondents Markwayne Mullin, George Valdez. (Kelley, Erika) (Entered: 10/19/2026)

#8

Oct 20, 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 10/20/26. Text Only Entry (jdyne, ) (Entered: 10/20/2026)

#9

Oct 20, 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 10/20/26. (jdyne, ) (Entered: 10/20/2026)

Oct 20, 2026

Minute Order