District of Colorado • 1:26-cv-04967

#1

Oct 05, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5.00, Receipt Number 119862), filed by Wuilmer Tarax Garcia. (Attachments: # 1 Exhibits, # 2 Receipt, # 3 Envelope)(echa, ) (Entered: 10/06/2026)

#2

Oct 05, 2026

Emergency MOTION to Prevent Transfer or Removal Pending Resolution of Petition for Writ of Habeas Corpus by Petitioner Wuilmer Tarax Garcia. (Attachments: # 1 Envelope)(echa, ) (Entered: 10/06/2026)

#3

Oct 05, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (echa, ) (Entered: 10/06/2026)

#4

Oct 07, 2026

ORDER Drawing Case. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, this case is randomly reassigned to Judge Charlotte N. Sweeney, and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-04967-CNS, by Magistrate Judge Richard T. Gurley on 10/07/2026. 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. (agryan) (Entered: 10/07/2026)

#5

Oct 07, 2026

MINUTE ORDER: Before the Court is Petitioner Wuilmer Tarax Garcia's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1, and Emergency Motion to Prevent Transfer, ECF No. 2. In the application, Petitioner requests immediate release, see ECF No. 1. Having reviewed the application, the Court orders the clerk's office to effectuate service on the Respondents. Within five (5) calendar days of service, Respondent is ORDERED TO RESPOND to the Application and is ORDERED TO SHOW CAUSE as to why the application 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, Respondent 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). Given the Court's ruling, Petitioners Emergency Motion to Prevent Transfer, ECF No. 2, is DENIED AS MOOT. By Judge Charlotte N. Sweeney on 10/7/2026. 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 (cnsja, ) (Entered: 10/07/2026)

#6

Oct 07, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 5 Minute Order to Show Cause for Service of Process. (Attachments: # 1 USPS Certified Mail Receipt) (sphil, ) (Entered: 10/07/2026)

Oct 07, 2026

Minute Order AND ~Util - Terminate Motions

#7

Oct 19, 2026

Mail Returned as Undeliverable Addressed to Wuilmer Tarax Garcia. (bschl, ) (Entered: 10/19/2026)

#8

Oct 21, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition. ECF. No. 1. The Court previously directed service and ordered Respondents to respond to the petition within five calendar days of service. ECF Nos. 5-6. To date, Respondents have neither appeared in this action nor have they responded to the petition. Accordingly, and having reviewed the Petition, the Court GRANTS the Petition. 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 Petitioner's recent detention. Respondents SHALL FILE a status report within TWO 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 Petitioner's physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof.The Clerk of Court is DRIECTED to provide notice to the United States Attorney's Office by email with a copy of this Order. SO ORDERED by Judge Charlotte N. Sweeney on 10/21/2026. 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. (cnsja, ) (Entered: 10/21/2026)

#9

Oct 21, 2026

CERTIFICATE of Service by E-Mail by Clerk of Court re 8 Minute Order,,,,,, to usaco.servimm2241@usdoj.gov. Text Only Entry. (agryan) (Entered: 10/21/2026)

Oct 21, 2026

Minute Order

#10

Oct 23, 2026

STATUS REPORT by Respondents DHS Director, ICE Director, Warden, Denver Contract Detention Facility. (Bobet Rejko, Jane) (Entered: 10/23/2026)

#11

Oct 26, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No 8, and the representations made in the Status Report, ECF No. 10, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 264967. 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 (jdyne, ) (Entered: 10/26/2026)

#12

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

#13

Oct 26, 2026

RETURN Certified Mail Receipt of Service upon Director of ICE on 10/20/2026 (sphil, ) (Entered: 10/27/2026)

Oct 26, 2026

Minute Order