District of Colorado • 1:26-cv-00993

#1

Mar 11, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10874259)Attorney Lawrence A. Walker added to party Sabino Procopio Diaz(pty:pet), filed by Sabino Procopio Diaz.(Walker, Lawrence) (Entered: 03/11/2026)

#2

Mar 11, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (dhern, ) (Entered: 03/12/2026)

#3

Mar 11, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dhern, ) (Entered: 03/12/2026)

#4

Mar 12, 2026

ORDER by Magistrate Judge Susan Prose on March 12, 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, "[i]ssue an Order to Show Cause ordering Respondents to show cause why this Petition should not be granted[,]" and "[i]ssue a Writ of Habeas Corpus ordering Respondents to release Petitioner from ICE detention immediately[,]" 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 13, 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 20, 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: 03/12/2026)

Mar 12, 2026

Order

#5

Mar 13, 2026

AFFIDAVIT/RETURN of Service of Petition for Writ Habeas Corpus upon Kevin Traskos on 3/13/2026, filed by Petitioner Sabino Procopio Diaz (Walker, Lawrence) (Entered: 03/13/2026)

#6

Mar 19, 2026

NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Pamela Bondi, Dawn Ceja, Robert Hagan, Todd M. Lyons, Kristi NoemAttorney Alexandra J. Berger added to party Pamela Bondi(pty:res), Attorney Alexandra J. Berger added to party Dawn Ceja(pty:res), Attorney Alexandra J. Berger added to party Robert Hagan(pty:res), Attorney Alexandra J. Berger added to party Todd M. Lyons(pty:res), Attorney Alexandra J. Berger added to party Kristi Noem(pty:res) (Berger, Alexandra) (Entered: 03/19/2026)

#7

Mar 19, 2026

Withdraw as Attorney

#8

Mar 20, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Pamela Bondi, Dawn Ceja, Robert Hagan, Todd M. Lyons, Kristi Noem All parties consent.. (Berger, Alexandra) (Entered: 03/20/2026)

#9

Mar 22, 2026

ORDER by Magistrate Judge Susan Prose on March 22, 2026. The 7 Motion to Withdraw as Counsel is DENIED without prejudice. The court notes that despite counsel's representation otherwise, no new counsel has filed an appearance in this case, and also notes that the 7 Motion refers to a different Petitioner. Accordingly, the court assumes that the 7 Motion was inadvertently filed in the wrong matter. The court also notes that Petitioner has filed a Return of Service at ECF No. 5 indicating that he served Respondents via email and overnight mail on March 13, 2026. The court's 4 Order directed Respondents to respond to the 1 Petition within seven days of service, which according to the Certificate of Service would be March 20, 2026. Respondents have not done so. Accordingly, Respondents are directed to respond to the 1 Petition by no later than March 25, 2026. If Respondents do not respond by this date, the court will consider the 1 Petition to be unopposed. Text Only Entry (sbplc6, ) (Entered: 03/22/2026)

Mar 22, 2026

Order

#10

Mar 23, 2026

NOTICE of Entry of Appearance by Andrew Walker on behalf of Sabino Procopio DiazAttorney Andrew Walker added to party Sabino Procopio Diaz(pty:pet) (Walker, Andrew) (Entered: 03/23/2026)

#11

Mar 23, 2026

RESPONSE to 4 Order,,,,, 1 Application for Writ of Habeas Corpus by Respondents Pamela Bondi, Dawn Ceja, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit Exhibit A - USPS Tracking Results, # 2 Exhibit Exhibit B - US Brief in Mendoza Gutierrez ECF No. 26)(Berger, Alexandra) (Entered: 03/23/2026)

#12

Mar 23, 2026

Withdraw as Attorney

#13

Mar 27, 2026

ORDER by Magistrate Judge Susan Prose on March 27, 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 differing 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. Petitioner cursorily argues that he is entitled to immediate release pursuant to Maldonado Bautista v. Santacruz, No. 25-cv-01873-SSS-BFM (C.D. Cal.). However, even presuming that the court were to agree with Petitioner that this court may grant him relief as a member of the Maldonado Bautista class, the court in that case ruled only that class members were entitled to bond hearings, not immediate release. The court therefore finds that granting Petitioner a bond hearing is the appropriate remedy here. The court therefore GRANTS Petitioner's request for a bond hearing 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: 03/27/2026)

#14

Mar 27, 2026

ORDER GRANTING 12 Motion to Withdraw by Magistrate Judge Susan Prose on March 27, 2026. Attorney Lawrence Walker is no longer counsel for Petitioner, and the Clerk's Office is requested to remove Mr. Lawrence Walker from the ECF distribution list for the case. Petitioner continues to be represented by attorney Andrew Walker, who shall serve a copy of the Motion and this Order to their client. See D.C.COLO.LAttyR 5.1(b). Text Only Entry (sbplc6, ) (Entered: 03/27/2026)

Mar 27, 2026

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Mar 27, 2026

Order