District of Colorado • 1:26-cv-05199

#1

Oct 13, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119970), filed by Mohamed Diawarra. (Attachments: # 1 Envelope, # 2 Receipt) (jberr, ) (Entered: 10/16/2026)

#2

Oct 13, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 10/16/2026)

#3

Oct 19, 2026

ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 10/19/2026. After review under D.C.COLO.LCivR 8.1, 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, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to District Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-05199-NYW.) 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. (pklin, ) (Entered: 10/19/2026)

#4

Oct 20, 2026

MINUTE ORDER: This matter is before the Court on Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition"). [Doc. 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 Petition, the exhibits to the Petition, and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, (on or before October 27, 2026), Respondent shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243; see also, 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)).Unless otherwise ordered by the Court, if Respondent does not file a response to the Petition and Order by this deadline, Petitioner SHALL be released from custody no later than 24 hours after the response deadline, and Respondent SHALL FILE, no later than seven days after the response deadline, a status report informing the Court that Petitioner has been released.Pursuant to the All Writs Act, 28 U.S.C. § 1651(a) Respondent SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondents' custody, unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. This Order does not preclude Respondent from removing Petitioner from the United States pursuant to a final order of removal. By Judge Nina Y. Wang on 10/20/2026. 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 (nywlc11, ) (Entered: 10/20/2026)

#5

Oct 20, 2026

CERTIFICATE of Service by Clerk of Court re 4 Minute Order to Serve United States Attorney's Office, 1 Application for Writ of Habeas Corpus emailed to USACO.ServImm2241@usdoj.gov. Text Only Entry (ggill, ) (Entered: 10/20/2026)

Oct 20, 2026

Serve USAO - Immigration Habeas

#6

Oct 27, 2026

NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Juan BaltazarAttorney Andrew M. Soler added to party Juan Baltazar(pty:res) (Soler, Andrew) (Entered: 10/27/2026)

#7

Oct 28, 2026

MINUTE ORDER: This Court had ordered Respondent, on or before October 27, 2026, to SHOW CAUSE why this Petition should not be granted 4 . Seeing as no response has been filed, Respondent is ORDERED to release Petitioner within 24 hours of this Order. Respondent shall submit a status report pursuant to 28 U.S.C.§ 1746 on or before November 4, 2026, confirming Petitioners release from custody and indicating whether any additional proceedings in this matter are required. By Judge Nina Y. Wang on 10/28/2026. 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 (nywlc11, ) (Entered: 10/28/2026)

#8

Oct 28, 2026

Petitioner's Emergency Motion to Enforce October 20, 2026 Order, for Immediate Release, and for Protective Relief, by Petitioner Mohamed Diawarra. (Attachments: # 1 Envelope)(ccuen, ) (Entered: 10/30/2026)

#9

Oct 28, 2026

Petitioner's Urgent Notice of Continued Detention and Status Report Regarding Noncompliance with October 28, 2026 Release Order, by Petitioner Mohamed Diawarra (Attachments: # 1 Envelope)(ccuen, ) (Entered: 10/30/2026)

Oct 28, 2026

Minute Order

#10

Oct 30, 2026

MINUTE ORDER: This matter is before the Court on Petitioners Emergency Motion to Enforce 8 and Petitioners Urgent Notice of Continued Detention and Status Report Regarding Noncompliance With October 28, 2026 Release Order 9 . Petitioner Mohamed Diawarra (Petitioner or Mr. Diawarra) alleges that after this Courts order dated October 28, 2026 7, he was released but immediately re-detained. [8, 9]. Respondents are ORDERED to SHOW CAUSE as to why Petitioners Emergency Motion to Enforce should not be granted no later than on November 2, 2026 at 5:00 p.m. Should Respondents fail to respond by that time, Petitioner shall be released from custody no later than November 3, 2026 at 5:00 p.m., on his own recognizance, with all of his personal belongs, without being subject to any conditions beyond any prior conditions of supervision or release, including but not limited to, GPS monitoring, mandatory reporting, or other restrictions on his movement. By Judge Nina Y. Wang on 10/30/2026. 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 (nywlc11, ) (Entered: 10/30/2026)

Oct 30, 2026

Minute Order

#11

Nov 03, 2026

MINUTE ORDER: Respondents have failed to respond to this Court's Order to Show Cause 10 . Accordingly, the Order to Show Cause is MADE ABSOLUTE. Respondents are ORDERED to release Petitioner from custody no later than 5:00 p.m. today, November 3, 2026, with all of his personal belongs, without being subject to any conditions beyond any prior conditions of supervision or release. The Parties are ORDERED to file a status report confirming Petitioner's release on or before November 4, 2026 at 5:00 p.m. By Judge Nina Y. Wang on 11/3/2026. 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 (nywlc11, ) (Entered: 11/03/2026)

#12

Nov 03, 2026

Emergency MOTION for Leave to Provide Limited Scope Representation by Petitioner Mohamed Diawarra. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document Proposed Limited Representation Entry of Appearance, # 3 Proposed Document Proposed Limited Representation Entry of Appearance)(Hereld, Shira) (Entered: 11/03/2026)

#13

Nov 03, 2026

STATUS REPORT by Respondent Juan Baltazar. (Soler, Andrew) (Entered: 11/03/2026)

#14

Nov 03, 2026

MINUTE ORDER: PURSUANT to D.C.COLO.LAttyR 2(b)(1) and LAttyR 5(a) of the District of Colorado Local Rules of Practice and for good cause shown, the Motion for Leave to Provide Limited Scope Representation filed by Shira Hereld, Esq., filed November 3, 2026 is GRANTED. Counsellors Hereld and Hamilton may represent Mr. Diawarra for the limited purpose of seeking enforcement of the Court's Order granting his release 10 . At the conclusion of this limited representation, Counsellors Hereld and Hamilton shall file a motion for leave to withdraw from providing limited scope representation. By Judge Nina Y. Wang on 11/3/2026. Text Only Entry(nywlc11, ) (Entered: 11/03/2026)

Nov 03, 2026

Minute Order

Nov 03, 2026

Order on Motion for Leave

#15

Nov 04, 2026

NOTICE of Entry of Appearance for Limited Representation by Shira N. Hereld on behalf of Mohamed Diawarra (Hereld, Shira) (Entered: 11/04/2026)

#16

Nov 04, 2026

NOTICE of Entry of Appearance by Anjanette Hamilton on behalf of Mohamed DiawarraAttorney Anjanette Hamilton added to party Mohamed Diawarra(pty:pet) (Hamilton, Anjanette) (Entered: 11/04/2026)

#17

Nov 04, 2026

Unopposed MOTION for Order to for supplemental injunctive relief by Petitioner Mohamed Diawarra. (Attachments: # 1 Proposed Order (PDF Only))(Hamilton, Anjanette) (Entered: 11/04/2026)

#18

Nov 04, 2026

MINUTE ORDER: Petitioner's 17 Unopposed Motion for Supplemental Injunctive Relief Prohibiting Re-Detention Without a Pre-Deprivation Hearing is GRANTED. Respondent is ENJOINED from re-detaining Petitioner prior to the entry of a final order of removal unless he demonstrates, by clear and convincing evidence at a pre-deprivation hearing before a neutral arbiter, that Petitioner is a danger to the community or flight risk. Moreover, Petitioner's release may not be subject to any conditions beyond any prior conditions of supervision or release.In light of the representations made in the 13 Status Report Pursuant to Order, the Clerk of Court shall enter judgment in favor of Petitioner and close this case. Petitioner is awarded his costs under Local Rule 54.1. By Judge Nina Y. Wang on 11/4/2026. Text Only Entry(nywlc11, ) (Entered: 11/04/2026)

#19

Nov 04, 2026

FINAL JUDGMENT in favor of Mohamed Diawarra against Juan Baltazar pursuant to the 18 Minute Order. Entered by Clerk on 11/4/2026. (hguer) (Entered: 11/04/2026)

Nov 04, 2026

Order on Motion for Order

#20

Nov 06, 2026

MOTION for Sanctions and Limited Discovery by Petitioner Mohamed Diawarra. (Attachments: # 1 Exhibits, # 2 Proposed Order (PDF Only))(Hamilton, Anjanette) (Entered: 11/06/2026)