District of Colorado • 1:26-cv-00772

#1

Feb 25, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10843220)Attorney Themistoklis Aliferis added to party Fredy Jeovany LOPEZ CIFUENTES(pty:pet), filed by Fredy Jeovany LOPEZ CIFUENTES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons- all Respondents, # 3 Exhibit ICE Inmate Locator Printout, # 4 Exhibit EOIR Automated Case Information Printout, # 5 Exhibit I-765 Approval Notice)(Aliferis, Themistoklis) (Entered: 02/25/2026)

#2

Feb 25, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 02/25/2026)

#3

Feb 25, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued due to Case Type. (eguth, ) (Entered: 02/25/2026)

#4

Feb 28, 2026

ORDER by Magistrate Judge Susan Prose on February 28, 2026. Upon review of Petitioner's 1 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the court grant the Petition, "[o]rder that Petitioner shall not be transferred outside the District of Colorado while this habeas petition is pending," and "[i]ssue a Writ of Habeas Corpus requiring that Respondents release Petitioner or, in the alternative, provide Petitioner with a bond hearing pursuant to 8 U.S.C. 1226(a) within seven days," it is ORDERED that Petitioner shall serve Respondents with a copy of the 1 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before March 2, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the 1 Petition and SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) on or before March 9, 2026. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the 1 Petition. Text Only Entry (sbplc6, ) (Entered: 02/28/2026)

Feb 28, 2026

Order

#5

Mar 04, 2026

Leave

#6

Mar 09, 2026

ORDER by Magistrate Judge Susan Prose on March 9, 2026. The 5 Motion for Leave to effect service one day outside of the deadline set by the court is GRANTED. Petitioner is reminded to file proof of service on the court's docket and must do so by no later than March 11, 2026. Text Only Entry (sbplc6, ) (Entered: 03/09/2026)

#7

Mar 09, 2026

NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Pamela Bondi, Field Office Director, Kristi Noem, U.S. Department of Homeland Security, WardenAttorney Andrew M. Soler added to party Pamela Bondi(pty:res), Attorney Andrew M. Soler added to party Field Office Director(pty:res), Attorney Andrew M. Soler added to party Kristi Noem(pty:res), Attorney Andrew M. Soler added to party U.S. Department of Homeland Security(pty:res), Attorney Andrew M. Soler added to party Warden(pty:res) (Soler, Andrew) (Entered: 03/09/2026)

#8

Mar 09, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Pamela Bondi, Field Office Director, Kristi Noem, U.S. Department of Homeland Security, Warden All parties consent.. (Soler, Andrew) (Entered: 03/09/2026)

#9

Mar 09, 2026

SUMMONS Returned Executed upon defendant(s) Fredy Jeovany Lopez Cifuentes served on 3/6/2026, answer due 5/5/2026. (Attachments: # 1 Exhibit Service- Warden Denver Center, # 2 Exhibit Service-Denver Field Office Director, # 3 Exhibit Service-Kristi Noem, Secretary, # 4 Exhibit Service-Pam Bondi, U.S Attorney General, # 5 Exhibit Service-U.S Department of Homeland Security, # 6 Exhibit Service-United States Attorney's Office)(Aliferis, Themistoklis) (Entered: 03/09/2026)

Mar 09, 2026

Order on Motion for Leave

#10

Mar 10, 2026

RESPONSE to 4 Order,,,,, by Respondents Pamela Bondi, Field Office Director, Kristi Noem, U.S. Department of Homeland Security, Warden. (Attachments: # 1 Exhibit)(Soler, Andrew) (Entered: 03/10/2026)

#11

Mar 10, 2026

ORDER by Magistrate Judge Susan Prose on March 10, 2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED. The court notes that Respondents concede that the issues presented here are "not materially different from an issue this Court has resolved in a prior ruling in" Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026). See also, e.g., Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). And Respondents also acknowledge that "until the Tenth Circuit rules on this issue, this Court's prior ruling on this issue would lead the Court to reach the same result here if the Court adheres to" the analysis articulated in Merchan-Pacheo. Moreover, the court notes that Respondents have cited no source of law binding upon this court in cursorily arguing that the court should reconsider its prior ruling. The court agrees with Respondents, though noting that Arenas presents an even more similar case to the facts alleged here. And the court finds that Respondents have provided the court with no reason to revisit its prior rulings at this time. Accordingly, the court refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, finding that the analyses provided in these cases apply in this matter and that accordingly, Petitioner is entitled to a bond hearing. The court therefore GRANTS Petitioner's Petition and orders Respondents to provide Petitioner with an individualized bond hearing pursuant to Section 1226(a) no later than seven days from the date of this Order. Respondents are also ordered to file a status report in order to certify compliance within ten days of the issuance of this Order. If Petitioner has not been provided with such a bond hearing at the time this status report is due, he shall be immediately released. Text Only Entry (sbplc6, ) (Entered: 03/10/2026)

Mar 10, 2026

Order

Mar 12, 2026

Order on Consent to Jurisdiction of Magistrate Judge