District of Colorado • 1:26-cv-01501

#1

Apr 09, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10936617)Attorney Nermin Funda Karadag added to party Ferdaws Abbasi(pty:pet), filed by Ferdaws Abbasi. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Karadag, Nermin) (Entered: 04/09/2026)

#2

Apr 09, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 04/09/2026)

#3

Apr 09, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 04/09/2026)

#4

Apr 10, 2026

ORDER The Court has reviewed Petitioner's application pursuant to 28 U.S.C. § 2241 1, which appears to be well-founded. Therefore, IT IS ORDERED that Petitioner shall SERVE Respondents, see Fed. R. Civ. P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight registered or certified mail, on or before April 17, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.The facts of this case appear to be controlled by the Court's recent analysis in Koridze v. Ice Field Office Director, No. 1:25-cv-3870-SKC, Dkt. 16 (D. Colo. March 6, 2026). Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Koridze in any material respect, and if so, shall specify the material differences.IT IS FURTHER ORDERED Pursuant to the All Writs Act, 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. SO ORDERED by Judge S. Kato Crews on 4/10/2026.Text Only Entry (skclc4) (Entered: 04/10/2026)

Apr 10, 2026

Order

#5

Apr 16, 2026

CERTIFICATE of Mailing/Service re 4 Order,,,,,, by Petitioner Ferdaws Abbasi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Karadag, Nermin) (Entered: 04/16/2026)

#6

Apr 16, 2026

NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Todd Blanche(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Markwayne Mullin(pty:res), Attorney Benjamin Henry Gibson added to party George Valdez(pty:dft) (Gibson, Benjamin) (Entered: 04/16/2026)

#7

Apr 17, 2026

STATUS REPORT Regarding Service by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Gibson, Benjamin) (Entered: 04/17/2026)

#8

Apr 22, 2026

RESPONSE to 4 Order,,,,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit A - Declaration of M. Ketels)(Gibson, Benjamin) (Entered: 04/22/2026)

#9

Apr 28, 2026

ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address a factually and legally similar case decided by this Court in its Response, Koridze v. Ice Field Office Director, No. 1:25-cv-3870-SKC (D. Colo. Mar. 6, 2026), and address whether this case presents any material differences. Dkt. 4. First, Respondents argue that, unlike Mr. Abbasi, the petitioner in Koridze was granted withholding of removal and could only be removed to a third country. Dkt. 8, p.5. However, the fact that petitioner in Koridze was granted withholding of removal was not material to this Court's decision, as this Court still analyzed whether the removal to a third country was likely to occur in the reasonably foreseeable future, as the Court must do in this case. Second, Respondents argue that this case differs from Koridze because "Respondents have taken steps to remove Petitioner to his home country of Afghanistan" by submitting "a letter of removal or transportation to the U.S. Mission to Afghanistan." Dkt. 8, p.5. However, ICE submitted this letter on September 2, 2025, over 7 months ago, and concede that they "do not have additional information to present to the Court concerning the likelihood of Petitioner's removal to Afghanistan." Id. at pp.3, 8. This is not enough to show that removal is reasonably foreseeable. See Ibrahimi v. Bondi, No. SA-25-CA-00768-XR, 2026 WL 915703, at *3 (W.D. Tex. Mar. 27, 2026) ("ICEs few 'affirmative steps' toward securing travel documents do not show that removal is reasonably foreseeable."); see also Mirani v. Bondi, No. 2:26-cv-00623-JNW, 2026 WL 905038, at *2 (W.D. Wash. Apr. 2, 2026). And Respondents do not address Petitioner's argument that removal is not likely to occur in the reasonably foreseeable future "due to the current status of diplomatic relations or lack of effective repatriation arrangements between the United States and Afghanistan." Dkt. 1, p.6.Accordingly, the Court's reasoning from Koridze applies and the Court finds that Petitioner is being detained in violation of the Fifth Amendment. Therefore, IT IS ORDERED that Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that: 1. Petitioner shall be immediately released from custody, but he may be subject to the conditions for release set forth in 8 U.S.C. § 1231(a)(3). See 8 U.S.C. § 1231(a)(6); 2. If Petitioner resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner shall remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence;3. If necessary, Respondents SHALL transport Petitioner back to his place of residence outside of Colorado, at their own expense, within 36 hours of the date and time of this Order;4. To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; and 5. Respondents SHALL FILE a status report within THREE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 4/28/2026. Text Only Entry (skclc4) (Entered: 04/28/2026)

Apr 28, 2026

Order

#10

May 01, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Gibson, Benjamin) (Entered: 05/01/2026)

#11

May 06, 2026

ORDER: In light of the representations in the 10 Status Report filed by Respondents, the Clerk of Court is directed to terminate 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 S. Kato Crews on 5/6/2026. Text Only Entry (skcja, ) (Entered: 05/06/2026)

#12

May 06, 2026

FINAL JUDGMENT pursuant to Orders 9 and 11 . Entered by the Clerk of the Court on 5/6/2026. (cpear) (Entered: 05/06/2026)

May 06, 2026

Order

#14

May 07, 2026

Withdraw as Attorney

May 08, 2026

Order on Motion to Withdraw as Attorney