District of Colorado • 1:26-cv-01073

#1

Mar 16, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10883658)Attorney Hans Christopher Meyer added to party Austreberto Miranda Hernandez(pty:pet), filed by Austreberto Miranda Hernandez. (Attachments: # 1 Civil Cover Sheet)(Meyer, Hans) (Entered: 03/16/2026)

#2

Mar 16, 2026

NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Austreberto Miranda Hernandez (Meyer, Hans) (Entered: 03/16/2026)

#3

Mar 16, 2026

NOTICE of Related Cases by Petitioner Austreberto Miranda Hernandez (Meyer, Hans) (Entered: 03/16/2026)

#4

Mar 16, 2026

MOTION for Temporary Restraining Order by Petitioner Austreberto Miranda Hernandez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meyer, Hans) (Entered: 03/16/2026)

#6

Mar 16, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 3 Notice (Other), 2 Notice of Entry of Appearance, 4 MOTION for Temporary Restraining Order, 1 Application for Writ of Habeas Corpus, filed by attorney Hans Meyer. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (dhern, ) (Entered: 03/17/2026)

#7

Mar 16, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (dhern, ) (Entered: 03/17/2026)

#8

Mar 16, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dhern, ) (Entered: 03/17/2026)

#5

Mar 17, 2026

NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Austreberto Miranda HernandezAttorney Conor Timothy Gleason added to party Austreberto Miranda Hernandez(pty:pet) (Gleason, Conor) (Entered: 03/17/2026)

#9

Mar 17, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 5 Notice of Entry of Appearance filed by attorney Conor Gleason. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request re: telephone number, through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (echa, ) (Entered: 03/17/2026)

#10

Mar 17, 2026

Before the Court is Petitioner Austreberto Miranda-Hernandez's Verified Petition for Writ of Habeas Corpus, ECF No. 1, and Petitioner-Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction, ECF No. 4 . In the Petition, Petitioner requests that the Court "[i]ssue a writ of habeas corpus requiring Respondents to release Petitioner immediately from all forms of custody." ECF No. 1 at 22. Petitioner's Motion requests similar relief. See ECF No. 4 at 2 (requesting that the Court "order [Petitioner's] release (or that Respondents provide a custody hearing within 7 days)."). 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, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 3/17/26. Text Only Entry (jdyne, ) (Entered: 03/17/2026)

Mar 17, 2026

Order

#11

Mar 18, 2026

NOTICE of Entry of Appearance by Mary Jo Highland on behalf of Austreberto Miranda-HernandezAttorney Mary Jo Highland added to party Austreberto Miranda-Hernandez(pty:pet) (Highland, Mary Jo) (Entered: 03/18/2026)

#12

Mar 18, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 11 Notice of Entry of Appearance filed by attorney Mary Jo Highland. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (echa, ) (Entered: 03/18/2026)

#13

Mar 19, 2026

NOTICE of Proof of Service by Petitioner Austreberto Miranda-Hernandez (Attachments: # 1 Exhibit Proof of Overnight Delivery, # 2 Exhibit Proof of Email Service)(Highland, Mary Jo) (Entered: 03/19/2026)

#14

Mar 24, 2026

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George ValdezAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Pam Bondi(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Lyons(pty:res), Attorney Nicholas Albert Deuschle added to party Kristi Noem(pty:res), Attorney Nicholas Albert Deuschle added to party George Valdez(pty:res) (Deuschle, Nicholas) (Entered: 03/24/2026)

#15

Mar 24, 2026

RESPONSE to 10 Order,,,,,,,,, Habeas Petition (ECF No. 1), and Motion for Temporary Restraining Order (ECF No. 4) by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George Valdez. (Attachments: # 1 Exhibit 1 - U.S. Brief in Mendoza Gutierrez)(Deuschle, Nicholas) (Entered: 03/24/2026)

#16

Mar 25, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, motion for temporary restraining order, ECF No. 4, and Respondents' response to them, ECF No. 15 . As Respondents acknowledge, the issue that this case presents "is not materially different from an issue this Court has resolved in a prior ruling in another case." ECF No. 15 at 2 (citing Nava Hernandez v. Baltazar, et al., 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," given that "the facts of this case are not materially distinguishable from that case for purposes of the Court's decision" on the controlling "legal issue" as to 8 U.S.C. § 1225's applicability. ECF No. 15 at 4. In light of these representations and the Court's prior analyses of this issue, see generally Singh v. Baltazar, 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 THREE 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. 15 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). Because the Court grants Petitioner's habeas petition, the Court DENIES AS MOOT the temporary restraining order motion, ECF No. 4. By Judge Charlotte N. Sweeney on 3/25/2026. Text Only Entry (cnsja, ) (Entered: 03/25/2026)

#17

Mar 25, 2026

ORDER denying as moot 4 Motion for Temporary Restraining Order. See ECF No. 16. By Judge Charlotte N. Sweeney on 3/25/2026. Text Only Entry(cnsja, ) (Entered: 03/25/2026)

Mar 25, 2026

Minute Order

Mar 25, 2026

Order on Motion for TRO

#18

Mar 27, 2026

STATUS REPORT pursuant to the Court's March 25, 2026, Order (ECF No. 16) by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George Valdez. (Deuschle, Nicholas) (Entered: 03/27/2026)

#19

Apr 01, 2026

Judgment

#20

Apr 01, 2026

ORDER granting 19 Unopposed Motion for Judgment Pursuant to the representations made in the Status Report, ECF No. 18, 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 4/1/2026. Text Only Entry(cnsja, ) (Entered: 04/01/2026)

Apr 01, 2026

Order on Motion for Judgment

#21

Apr 02, 2026

Judgment

#22

May 13, 2026

Withdraw as Attorney

May 14, 2026

Order on Motion to Withdraw as Attorney