Completed
Case Information
Filed: March 16, 2026
Assigned to:
Charlotte N. Sweeney
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: April 28, 2026
Last Activity:
April 28, 2026
Parties:
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Docket Entries
#1
Mar 16, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10883549)Attorney William James O'Donnell, III added to party Ricardo Castro Romero(pty:dft), filed by Ricardo Castro Romero. (Attachments: # 1 Exhibit Notice to Appear, # 2 Civil Cover Sheet Civil Cover sheet)(O'Donnell, William) (Entered: 03/16/2026)
Main Document:
First
#2
Mar 16, 2026
Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (dhern, ) (Entered: 03/17/2026)
#3
Mar 16, 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: 03/17/2026)
Main Document:
Magistrate
#4
Mar 20, 2026
Order to Show Cause
Main Document:
Order to Show Cause
#5
Mar 20, 2026
NOTICE of Entry of Appearance by Elizabeth Susan Ford Milani on behalf of Juan Baltasar, Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland SecurityAttorney Elizabeth Susan Ford Milani added to party Juan Baltasar(pty:res), Attorney Elizabeth Susan Ford Milani added to party Pamela Bondi(pty:res), Attorney Elizabeth Susan Ford Milani added to party Executive Office for Immigration Review(pty:res), Attorney Elizabeth Susan Ford Milani added to party Robert Hagan(pty:res), Attorney Elizabeth Susan Ford Milani added to party Kristi Noem(pty:res), Attorney Elizabeth Susan Ford Milani added to party U.S. Department of Homeland Security(pty:res) (Ford Milani, Elizabeth) (Entered: 03/20/2026)
Main Document:
NOTICE
#6
Mar 20, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltasar, Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security All parties do not consent.. (Ford Milani, Elizabeth) (Entered: 03/20/2026)
Main Document:
CONSENT
#7
Mar 20, 2026
Order Reassigning Case
Main Document:
Order Reassigning Case
#8
Mar 23, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 4 by Respondents Juan Baltasar, Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A)(Ford Milani, Elizabeth) (Entered: 03/23/2026)
Main Document:
RESPONSE
#9
Mar 23, 2026
MINUTE ORDER: Before the Court is Petitioner Ricardo Castro-Romero's Petition for Writ of Habeas Corpus, ECF No. 1, and Respondents' response to the same, ECF No. 8 . In the response, Respondents acknowledge that the "central legal issue presented in this case" "is not materially different from an issue this Court has resolved in prior rulings in another case." See id. at 2 (citing Nava Hernandez v. Baltazar, No. 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025)). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here if the Court adheres to that decision, as the facts of this case are not materially distinguishable from that case for purposes of the Court's decision on the legal issue of whether Petitioner is subject to mandatory detention under § 1225(b)(2)." Id. at 4. In light of these representations and the Court's prior analyses of this issue, see generally Hernandez v. Baltazar, 2025 WL 2996643, and Singh v. Baltazar, No. 1:26-cv-00336-CNS, 2026 WL 352870, at *1 (D. Colo. Feb. 9, 2026), the Court GRANTS the 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. 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. 8 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. 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 3/23/2026. Text Only Entry (cnsja, ) (Entered: 03/23/2026)
Mar 23, 2026
Minute Order
#10
Mar 25, 2026
STATUS REPORT by Respondents Juan Baltasar, Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security. (Ford Milani, Elizabeth) (Entered: 03/25/2026)
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STATUS
#11
Apr 28, 2026
MINUTE ORDER: Pursuant to the Order, ECF No. 9, and the representations made in the Status Report, ECF No. 10, the Clerk of Court is directed to enter final judgment and close this case. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. § 2412(a)(1). By Judge Charlotte N. Sweeney on 4/28/2026. Text Only Entry (cnsja, ) (Entered: 04/28/2026)
#12
Apr 28, 2026
Judgment
Main Document:
Judgment
Apr 28, 2026
Minute Order
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