District of Colorado • 1:26-cv-00664

#1

Feb 18, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10830019)Attorney Perry L. Glantz added to party Mory Cherif(pty:pet), filed by Mory Cherif. (Attachments: # 1 Exhibit A to Habeas Petition, # 2 Exhibit B to Habeas Petition, # 3 Exhibit C to Habeas Petition, # 4 Civil Cover Sheet)(Glantz, Perry) (Entered: 02/18/2026)

#2

Feb 18, 2026

Emergency MOTION for Temporary Restraining Order by Petitioner Mory Cherif. (Attachments: # 1 Proposed Order (PDF Only) to Emergency Motion for Temporary Restraining Order)(Glantz, Perry) (Entered: 02/18/2026)

#3

Feb 18, 2026

MOTION for Leave to File Excess Pages for Petitioner's Emergency Motion for Temporary Restraining Order by Petitioner Mory Cherif. (Glantz, Perry) (Entered: 02/18/2026)

#4

Feb 18, 2026

NOTICE of Entry of Appearance for Alex J. Gunning by Perry L. Glantz on behalf of Mory Cherif (Glantz, Perry) (Entered: 02/18/2026)

#5

Feb 18, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 4 Notice of Entry of Appearance filed by attorney Alex J. Gunning and Perry L. Glantz. The s/signature did not match the filer name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) (Entered: 02/18/2026)

#6

Feb 18, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 02/18/2026)

#7

Feb 18, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 02/18/2026)

#8

Feb 18, 2026

ORDER: Before the Court is Petitioner's Verified Petition for Writ of Habeas Corpus, ECF No. 1, and Petitioner's Emergency Motion for Temporary Restraining Order, ECF No. 2 . In the Petition, Petitioner requests that the Court "[o]rder Respondents to immediately release Petitioner from federal detention at the Denver Contract Detention Facility in Aurora under the conditions of his February 18, 2024 "Order of Release on Own Recognizance" or "set a bond hearing consistent with 8 U.S.C. § 1226 within seven days." ECF No. 1 at 33. Petitioner's motion requests similar relief. See ECF No. 2 at 23 (requesting that the Court order either Petitioner's immediate release or require that Respondents provide him with a constitutionally adequate bond hearing). Also before the Court is Petitioner's Motion to Exceed Page Limit for Its Emergency Motion for Temporary Restraining Order, ECF No. 3, where he seeks an additional eight pages in support of his emergency motion given the "complex factual and legal issues of the highest importance" in this matter, id. at 2. Petitioner's motion for additional pages, ECF No. 3, is GRANTED. Additionally, having reviewed the Petition and motion, 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, motion, 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 motion 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, Intl Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 2/18/2026. Text Only Entry(cnsja, ) (Entered: 02/18/2026)

Feb 18, 2026

Order on Motion for Leave to File Excess Pages

#9

Feb 19, 2026

NOTICE re 1 Application for Writ of Habeas Corpus, 2 Emergency MOTION for Temporary Restraining Order, 8 Order on Motion for Leave to File Excess Pages,,,,,,,,,,, Petitioner's Notice of Filing and Proof of Service by Petitioner Mory Cherif (Attachments: # 1 Exhibit 1 to Petitioner's Notice of Filing and Proof of Service, # 2 Exhibit 2 to Petitioner's Notice of Filing and Proof of Service)(Gunning, Alex) (Entered: 02/19/2026)

#10

Feb 23, 2026

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of Juan Baltazar, Pamela J. Bondi, Robert Hagan, Todd M. Lyons, Daren K. Margolin, Kristi L.A. NoemAttorney Jennifer Rose Lake added to party Juan Baltazar(pty:res), Attorney Jennifer Rose Lake added to party Pamela J. Bondi(pty:res), Attorney Jennifer Rose Lake added to party Robert Hagan(pty:res), Attorney Jennifer Rose Lake added to party Todd M. Lyons(pty:res), Attorney Jennifer Rose Lake added to party Daren K. Margolin(pty:res), Attorney Jennifer Rose Lake added to party Kristi L.A. Noem(pty:res) (Lake, Jennifer) (Entered: 02/23/2026)

#11

Feb 23, 2026

RESPONSE to 2 Emergency MOTION for Temporary Restraining Order filed by Respondents Juan Baltazar, Pamela J. Bondi, Robert Hagan, Todd M. Lyons, Daren K. Margolin, Kristi L.A. Noem. (Attachments: # 1 Exhibit A - Respondents' Brief in Mendoza Gutierrez)(Lake, Jennifer) (Entered: 02/23/2026)

#12

Feb 23, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition, Petitioner's temporary restraining order motion, and Respondents' response to them. See ECF Nos. 1, 2, 11 . As Respondents acknowledge, see ECF No. 11 at 2, the statutory issue that this case presents "is not materially different from an issue [the] Court has resolved in prior rulings in similar cases," id. (citing Singh v. Baltazar, No. 1:26-cv-00336-CNS, ECF No. 13). Indeed, Respondents acknowledge that the Court's "prior rulings on this issue would lead the Court to reach the same result" 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, ECF No. 11 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, and DENIES AS MOOT his temporary restraining order motion, ECF No. 2 . 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. 11 at 4, 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). By Judge Charlotte N. Sweeney on 2/23/2026. Text Only Entry (cnsja, ) (Entered: 02/23/2026)

Feb 23, 2026

Minute Order

#13

Feb 25, 2026

STATUS REPORT by Respondents Juan Baltazar, Pamela J. Bondi, Robert Hagan, Todd M. Lyons, Daren K. Margolin, Kristi L.A. Noem. (Lake, Jennifer) (Entered: 02/25/2026)

#14

Mar 03, 2026

ORDER denying 2 Motion for TRO. Denied as moot. See ECF No. 12 . By Judge Charlotte N. Sweeney on 2/23/2026.(cnsja, ) (Entered: 03/03/2026)

Mar 03, 2026

Order on Motion for TRO

#16

Apr 07, 2026

Judgment

Apr 07, 2026

Minute Order