District of Colorado • 1:26-cv-01641

#1

Apr 16, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10954245)Attorney William James O'Donnell, III added to party Luis Enrique Perez Serrano(pty:pet), filed by Luis Enrique Perez Serrano. (Attachments: # 1 Exhibit First Notice to Appear, # 2 Exhibit Motion to Dismiss, # 3 Exhibit Order Granting Dismissal, # 4 Exhibit Second Notice to Appear)(O'Donnell, William) (Entered: 04/16/2026)

#2

Apr 16, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. Text Only Entry. (dhern, ) (Entered: 04/17/2026)

#3

Apr 17, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dhern, ) (Entered: 04/17/2026)

#4

Apr 17, 2026

MINUTE ORDER: Before the Court is Petitioner Luis Enrique Perez Serrano'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 10. 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 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 4/17/2026. Text Only Entry (cnsja, ) (Entered: 04/17/2026)

Apr 17, 2026

Minute Order

#5

Apr 20, 2026

AFFIDAVIT/RETURN of Service of Petition for Habeas Corpus upon U.S. Attorney General for Colorado on 04/16/2026, filed by Petitioner Luis Enrique Perez Serrano (Attachments: # 1 Exhibit Proof of Service)(O'Donnell, William) (Entered: 04/20/2026)

#6

Apr 28, 2026

NOTICE of Entry of Appearance by Elliot Wertheim on behalf of Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne MullinAttorney Elliot Wertheim added to party Juan Baltasar(pty:res), Attorney Elliot Wertheim added to party Pamela Bondi(pty:res), Attorney Elliot Wertheim added to party Robert Hagan(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res) (Wertheim, Elliot) (Entered: 04/28/2026)

#7

Apr 28, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne Mullin All parties do not consent.. (Wertheim, Elliot) (Entered: 04/28/2026)

#8

Apr 29, 2026

ANSWER to Complaint by Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne Mullin. (Attachments: # 1 Exhibit Exhibit A: Related Briefing)(Wertheim, Elliot) (Entered: 04/29/2026)

#9

Apr 30, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response. See ECF Nos. 1, 8. 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. 8 at 2 (citing Nava Hernandez v. Baltazar, No. 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" 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)." Id. at 4. 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 ORDERED that Respondents shall provide Petitioner with a bond hearing pursuant § 1226 within FIVE DAYS of this order, at which the government will bear the burden of demonstrating to an immigration judge (IJ) by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. To the extent Petitioner is granted release on bond by an IJ, Respondents are ENJOINED from unduly delaying Petitioner's payment or processing of bond once it is issued. Respondents SHALL FILE a status report within TWO DAYS of Petitioner's § 1226 bond hearing to certify compliance with this Order and inform the Court of the status of Petitioner's request for bond, including whether Petitioner was released from detention and, if so, what conditions were imposed, if any. Finally, Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner at a later date unless they again 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 again bear the burden of proof. By Judge Charlotte N. Sweeney on 4/30/2026. Text Only Entry (cnsja, ) (Entered: 04/30/2026)

Apr 30, 2026

Minute Order

#10

May 05, 2026

Extension of Time

#11

May 06, 2026

ORDER granting 10 MOTION for Extension of Time to Comply with Court Order (ECF No. 9). by Judge Charlotte N. Sweeney on 5/6/2026. Text Only Entry(cnsja, ) (Entered: 05/06/2026)

May 06, 2026

Order on Motion for Extension of Time to File

#12

May 11, 2026

STATUS REPORT by Respondents Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne Mullin. (Wertheim, Elliot) (Entered: 05/11/2026)

#13

May 13, 2026

Counter STATUS REPORT by Petitioner Luis Enrique Perez Serrano. (Attachments: # 1 Exhibit AILA Policy Brief, # 2 Affidavit Dan Boyle Affidavit, # 3 Exhibit Petitioners Immigration Bond Packet, # 4 Exhibit Respondents Bond Submission, # 5 Exhibit Bond Denial Decision)(O'Donnell, William) (Entered: 05/13/2026)

#14

May 14, 2026

MINUTE ORDER: Before the Court are the parties' status updates. See ECF Nos. 12, 13. Upon review of both, the Court ORDERS Respondents' to file a response to Petitioner's status report. ECF No. 13. Such response shall include the Immigration Judge's "Bond Memorandum," ECF No. 13-5 at 1, as Petitioner represents "there has been no memorandum provided to Petitioner or his immigration attorneys," ECF No. 13 at 4. Respondents' response is due on or before May 18, 2026. Such response shall not exceed 10 pages. By Judge Charlotte N. Sweeney on 5/14/2026. Text Only Entry (cnsja, ) (Entered: 05/14/2026)

May 14, 2026

Minute Order

#15

May 15, 2026

NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne MullinAttorney Julia M. Prochazka added to party Juan Baltasar(pty:res), Attorney Julia M. Prochazka added to party Pamela Bondi(pty:res), Attorney Julia M. Prochazka added to party Robert Hagan(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res) (Prochazka, Julia) (Entered: 05/15/2026)

#16

May 18, 2026

RESPONSE to 13 Status Report, by Respondents Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne Mullin. (Attachments: # 1 Exhibit A - Immigration Judge Bond Memorandum)(Prochazka, Julia) (Entered: 05/18/2026)

#17

May 19, 2026

Order

#18

May 22, 2026

STATUS REPORT by Respondents Juan Baltasar, Pamela Bondi, Robert Hagan, Markwayne Mullin. (Wertheim, Elliot) (Entered: 05/22/2026)