District of Colorado • 1:26-cv-01688

#1

Apr 20, 2026

Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10960924)Attorney Mehmet Yigit Turkoglu added to party ABDUL AZIZ MALIK(pty:pet), filed by ABDUL AZIZ MALIK. (Attachments: # 1 Exhibit Immigration Judge's Decision, # 2 Exhibit Communication with ICE, # 3 Exhibit Notice to Appear, # 4 Exhibit Asylum Application Letters, # 5 Civil Cover Sheet)(Turkoglu, Mehmet) (Entered: 04/20/2026)

#2

Apr 20, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (agarc, ) (Entered: 04/21/2026)

#3

Apr 21, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 04/21/2026)

#4

Apr 21, 2026

ORDER: The Court has reviewed Petitioner Abdul Aziz Malik'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 F.R.C.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 certified mail, on or before April 24, 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 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 4/21/2026. Text Only Entry (skclc1) (Entered: 04/21/2026)

Apr 21, 2026

Order

#5

Apr 29, 2026

NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Todd M. Lyons, Markwayne Mullin, George ValdezAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Todd M. 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: 04/29/2026)

#6

May 04, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 4 Order,,,,,, by Respondents Juan Baltazar, Todd M. Lyons, Markwayne Mullin, Defendant George Valdez. (Attachments: # 1 Exhibit A - Declaration of D. Johnson)(Gibson, Benjamin) (Entered: 05/04/2026)

#7

May 06, 2026

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of Juan Baltazar, Robert Hagan, Todd M. Lyons, Markwayne Mullin, George ValdezAttorney Jennifer Rose Lake added to party Juan Baltazar(pty:res), Attorney Jennifer Rose Lake added to party Robert Hagan(pty:res), Attorney Jennifer Rose Lake added to party Todd M. Lyons(pty:res), Attorney Jennifer Rose Lake added to party Markwayne Mullin(pty:res), Attorney Jennifer Rose Lake added to party George Valdez(pty:dft) (Lake, Jennifer) (Entered: 05/06/2026)

#8

May 07, 2026

Withdraw as Attorney

#9

May 07, 2026

ORDER granting 8 Motion to Withdraw as Attorney. Benjamin Henry Gibson is permitted to withdraw as counsel for Respondents and electronic notifications will be turned off. By Judge S. Kato Crews on 5/7/2026. Text Only Entry(skcja, ) (Entered: 05/07/2026)

May 07, 2026

Order on Motion to Withdraw as Attorney

#10

May 11, 2026

ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address in their Response a factually and legally similar case decided by this Court, 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. Respondents contend that, unlike Mr. Malik, the petitioner in Koridze was granted withholding of removal and could only be removed to a third country. Dkt. 6, p.5. While that is a distinction, the Court does not find it to be material because the Court still considered--as it must in this case--whether the removal was likely to occur in the reasonably foreseeable future. Here, Respondents acknowledge Petitioner has been in custody for more than eight months since the order of removal became final. Id. p.8. They also confirm that ICE submitted Mr. Malik's application for travel documents and a letter of removal or transportation in December 2025--over 4 months ago. And they concede that they "do not have additional information to present to the Court concerning the likelihood of Petitioner's removal to Afghanistan." Id. at p.9. The Court, therefore, concludes that removal is not likely to occur in the reasonably foreseeable future and release is appropriate. 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). 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. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 5/11/2026. Text Only Entry (skclc1) (Entered: 05/11/2026)

May 11, 2026

Order

#13

May 15, 2026

Judgment

May 15, 2026

Order