District of Colorado • 1:26-cv-00610

#1

Feb 16, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10823493)Attorney Conor Timothy Gleason added to party Irfan Hotak(pty:pet), filed by Irfan Hotak. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Gleason, Conor) (Entered: 02/16/2026)

#2

Feb 16, 2026

MOTION for Temporary Restraining Order by Petitioner Irfan Hotak. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Gleason, Conor) (Entered: 02/16/2026)

#3

Feb 16, 2026

NOTICE of Related Cases by Petitioner Irfan Hotak (Gleason, Conor) (Entered: 02/16/2026)

#4

Feb 16, 2026

NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Irfan Hotak (Gleason, Conor) (Entered: 02/16/2026)

#7

Feb 16, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (eguth, ) (Entered: 02/17/2026)

#8

Feb 16, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 02/17/2026)

#5

Feb 17, 2026

NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Irfan HotakAttorney Hans Christopher Meyer added to party Irfan Hotak(pty:pet) (Meyer, Hans) (Entered: 02/17/2026)

#6

Feb 17, 2026

NOTICE of Appearance by Petitioner Irfan Hotak (Faville, Sarah) (Entered: 02/17/2026)

#9

Feb 17, 2026

MINUTE ORDER: Before the Court is Petitioner's Verified Petition for Writ of Habeas Corpus. ECF No. 1 . Having reviewed the Petition, the Court ORDERS Petitioner to, no later than February 19, 2026, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, 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)). 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 Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 2/17/2026. Text Only Entry (cnsja, ) (Entered: 02/17/2026)

Feb 17, 2026

Minute Order

#10

Feb 19, 2026

NOTICE Proof of Service by Petitioner Irfan Hotak (Attachments: # 1 Exhibit, # 2 Exhibit)(Faville, Sarah) (Entered: 02/19/2026)

#11

Feb 19, 2026

NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Pam Bondi, Robert Hagan, Todd Lyons, Kristi NoemAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Pam Bondi(pty:res), Attorney Benjamin Henry Gibson added to party Robert Hagan(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Kristi Noem(pty:res) (Gibson, Benjamin) (Entered: 02/19/2026)

#12

Feb 24, 2026

RESPONSE to 9 Minute Order,,,,,,, by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, Defendant George ValdezAttorney Benjamin Henry Gibson added to party George Valdez(pty:dft). (Attachments: # 1 Exhibit A - US Brief in Mendoza Gutierrez)(Gibson, Benjamin) (Entered: 02/24/2026)

#13

Feb 25, 2026

REPLY to Response to 2 MOTION for Temporary Restraining Order filed by Petitioner Irfan Hotak. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gleason, Conor) (Entered: 02/25/2026)

#14

Feb 25, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition, Petitioner's motion for a temporary restraining order and/or preliminary injunction, Respondents' response, and Petitioner's reply. See ECF Nos. 1, 2, 12, 13 . As Respondents acknowledge, the "central legal issue presented in this case" "is not materially different from an issue [the] Court has resolved in prior rulings in similar cases." See ECF No. 12 at 2 (citing Manriquez Hernandez v. Baltazar, No. 26-cv-00529-CNS, ECF No. 8; Singh v. Baltazar, 26-cv-00336-CNS, 2026 WL 352870 (D. Colo. Feb. 9, 2026); Nava Hernandez v. Baltazar, No. 25-cv-03094-CNS, ECF No. 26; Marquez Rico v. Baltazar, No. 25-cv-03943-CNS, ECF No. 9). Indeed, Respondents acknowledge that the Court's "prior rulings would lead the Court to reach the same result here" as in those cases, given "the facts of this case are not materially distinguishable" from other cases in which the Court addressed 8 U.S.C. § 1225's applicability. See id. at 3. In light of these representations and the Court's prior analyses of this issue, see generally Singh, 2026 WL 352870, the Court GRANTS Petitioner's petition, ECF No. 1. It is FURTHER ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 12 hours of this Order, and may not impose any additional conditions of release or supervision beyond those he was subject to immediately prior to his 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 they 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 his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondents argue immediate release is an inappropriate remedy, their arguments fail to persuade. Compare ECF No. 12 at 45, with Singh, 2026 WL 352870, at *6; Diallo v. Baltazar, No. 1:25-cv-3548-SKC, 2026 WL 237296, at *3 (D. Colo. Jan. 29, 2026); and Rivero v. Mina, No. 6:26-cv-66-RBD-NWH, 2026 WL 199319, at *4 (M.D. Fla. Jan. 26, 2026). Because the Court's ruling affords Petitioner the relief he seeks, the Court need not address Petitioner's remaining arguments at this time, and the motion, ECF No. 2, which seeks the same relief as the Petition, is DENIED AS MOOT. See Loa Caballero v. Baltazar, et al., No. 1:25-cv-3120-NYW, 2025 WL 2977650, at *8 (D. Colo. Oct. 22, 2025) (declining to rule on petitioner's remaining claims after granting petitioner all relief sought under § 1226(a)); Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996, at *3 (D. Mass. Oct. 3, 2025) (declining to address petitioner's due process and APA arguments after finding in petitioner's favor on statutory claim). By Judge Charlotte N. Sweeney on 2/25/2026. Text Only Entry (cnsja, ) (Entered: 02/25/2026)

#15

Feb 25, 2026

ORDER denying 2 Motion for TRO. Denied as Moot. See ECF No. 14 . y Judge Charlotte N. Sweeney on 2/25/2026. Text Only Entry(cnsja, ) (Entered: 02/25/2026)

Feb 25, 2026

Order on Motion for TRO

Feb 25, 2026

Minute Order