District of Colorado • 1:26-cv-01128

#1

Mar 19, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10891988)Attorney William James O'Donnell, III added to party Cesar Jovany Bencomo Giron(pty:pet), filed by Cesar Jovany Bencomo Giron. (Attachments: # 1 Exhibit ICE Form I-213, # 2 Exhibit Notice to Appear, # 3 Exhibit Order denying Bond, # 4 Civil Cover Sheet)(O'Donnell, William) (Entered: 03/19/2026)

#2

Mar 19, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (agarc, ) (Entered: 03/20/2026)

#3

Mar 20, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 03/20/2026)

#4

Mar 20, 2026

MINUTE ORDER: Before the Court is Petitioner Cesar Jovany Bencomo-Giron's Petition for Writ of Habeas Corpus. ECF No. 1 . In the Petition, Petitioner requests that the Court "[i]ssue a writ of habeas corpus requiring that within one day, Respondents release Petitioner." Id. at 8. Having reviewed the Petition, 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 and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); 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 3/20/2026. Text Only Entry (cnsja, ) (Entered: 03/20/2026)

#5

Mar 20, 2026

NOTICE of Entry of Appearance by Brad E. Leneis on behalf of All Defendants (Leneis, Brad) (Entered: 03/20/2026)

Mar 20, 2026

Minute Order

#6

Mar 23, 2026

AFFIDAVIT/RETURN of Service of Petition for Habeas Corpus upon United States Attorney General on 03/20/2026, filed by Petitioner Cesar Jovany Bencomo Giron (Attachments: # 1 Exhibit Proof of Service)(O'Donnell, William) (Entered: 03/23/2026)

#7

Mar 24, 2026

ANSWER to Complaint by Juan Baltasar, Pamela Bondi, Executive Office of Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A- Mendoza Gutierrez Brief)(Leneis, Brad) (Entered: 03/24/2026)

#8

Mar 25, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response. See ECF Nos. 1, 7 . As Respondents acknowledge, the "central legal issue presented in this case" "is not materially different from an issue this Court has resolved in a prior ruling in another case." See ECF No. 7 at 2 (citing Nava Hernandez v. Baltazar, No. 25-cv-03094-CNS, ECF No. 26). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here" as in Nava Hernandez because "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 8 U.S.C. § 1225(b)(2)." ECF No. 7 at 3. In light of these representations and the Court's prior analyses regarding the applicability of 8 U.S.C. § 1225 and 8 U.S.C. § 1226, see generally Hernandez v. Baltazar, et al., No. 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025), Singh v. Baltazar, 26-cv-00336-CNS, 2026 WL 352870 (D. Colo. Feb. 9, 2026), 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 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. 7 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). By Judge Charlotte N. Sweeney on 3/25/2026. Text Only Entry (cnsja, ) (Entered: 03/25/2026)

Mar 25, 2026

Minute Order

#9

Mar 27, 2026

STATUS REPORT Concerning Release, by Respondents Juan Baltasar, Pamela Bondi, Executive Office of Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security. (Leneis, Brad) (Entered: 03/27/2026)

#10

Apr 28, 2026

MINUTE ORDER re: Pursuant to the Order, ECF No. 8, and the representations made in the Status Report, ECF No. 9, 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)

#11

Apr 28, 2026

Judgment

Apr 28, 2026

Minute Order

#12

Apr 30, 2026

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of Juan Baltasar, Pamela Bondi, Executive Office of Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland SecurityAttorney Jennifer Rose Lake added to party Juan Baltasar(pty:res), Attorney Jennifer Rose Lake added to party Pamela Bondi(pty:res), Attorney Jennifer Rose Lake added to party Executive Office of Immigration Review(pty:res), Attorney Jennifer Rose Lake added to party Robert Hagan(pty:res), Attorney Jennifer Rose Lake added to party Kristi Noem(pty:res), Attorney Jennifer Rose Lake added to party U.S. Department of Homeland Security(pty:res) (Lake, Jennifer) (Entered: 04/30/2026)

#13

Apr 30, 2026

Withdraw as Attorney

#14

Apr 30, 2026

ORDER granting 13 Motion to Withdraw as Attorney. Attorney Brad E. Leneis is withrdawn as counsel for Respondents. By Judge Charlotte N. Sweeney on 4/30/2026. Text Only Entry(cnsja, ) (Entered: 04/30/2026)

Apr 30, 2026

Order on Motion to Withdraw as Attorney