District of Colorado • 1:26-cv-01727

#1

Apr 23, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 VERIFIED (Filing fee $ 5, Receipt Number ACODC-10967971)Attorney Andrew L. Younkins added to party Hamza Souleiman Habib(pty:pet), filed by Hamza Souleiman Habib. (Attachments: # 1 Civil Cover Sheet)(Younkins, Andrew) (Entered: 04/23/2026)

#2

Apr 23, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Andrew Lee Younkins. 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) (eguth, ) (Entered: 04/24/2026)

#3

Apr 23, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 04/24/2026)

#4

Apr 23, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 04/24/2026)

#5

Apr 27, 2026

ORDER by Magistrate Judge Susan Prose on April 27, 2026. Upon review of Petitioner's 1 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the Court assume jurisdiction, issue an Order to Show Cause, declare that Petitioner's detention violates the Due Process Clause, 8 U.S.C. § 1226(a), and the APA, issue a Writ of Habeas Corpus ordering immediate release (or, in the alternative, a bond hearing under 8 U.S.C. § 1226(a)), and grant a Temporary Restraining Order, it is ORDERED that Petitioner shall serve Respondents with a copy of the 1 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before April 29, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the 1 Petition and SHOW CAUSE why the Petition shall not be granted. In doing so, Respondents are asked to briefly address whether the issues presented here are materially different from the issues this Court has resolved in its prior rulings in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents are also asked to briefly address whether Petitioner has failed to administratively exhaust the claims asserted in the 1 Petition. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 4) no less than seven days from the date of this Order. Respondents are hereby ENJOINED from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the 1 Petition. Text Only Entry (sbplc9, ) (Entered: 04/27/2026)

Apr 27, 2026

Order

#6

May 01, 2026

AFFIDAVIT/RETURN of Service of Habeas Petition, Civil Cover Sheet and Minute Order upon Kevin Traskos, AUSA on 04/29/2026, filed by Petitioner Hamza Souleiman Habib (Younkins, Andrew) (Entered: 05/01/2026)

#7

May 08, 2026

NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George ValdezAttorney Alexandra J. Berger added to party Juan Baltazar(pty:res), Attorney Alexandra J. Berger added to party Todd Blanche(pty:res), Attorney Alexandra J. Berger added to party Markwayne Mullin(pty:res), Attorney Alexandra J. Berger added to party George Valdez(pty:res) (Berger, Alexandra) (Entered: 05/08/2026)

#8

May 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez All parties consent.. (Berger, Alexandra) (Entered: 05/08/2026)

#9

May 08, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 5 Order,,,,,,, to Show Cause by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit Exhibit A - Notice to Appear, # 2 Exhibit Exhibit B - Written Pleadings, # 3 Exhibit Exhibit C - USA brief in Mendoza Gutierrez)(Berger, Alexandra) (Entered: 05/08/2026)

#10

May 11, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 8 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 05/11/2026. Text Only Entry. (agryan) (Entered: 05/11/2026)

May 11, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#11

May 14, 2026

ORDER re: 1 Application for Writ of Habeas Corpus, filed by Hamza Souleiman Habib by Magistrate Judge Susan Prose on 5/14/26. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED. The Court notes that Respondents concede that the central legal issue presented here --whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) or is instead entitled to a bond hearing under 8 U.S.C. § 1226(a)--is not materially different from an issue this Court resolved in a prior ruling in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026). See also, e.g., Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents acknowledge that this Court's prior rulings would lead the Court to reach the same result here, presuming the Court adheres to the analysis articulated in, e.g., Merchan-Pacheo. Respondents have cited no source of law binding upon this Court that would require reconsideration of those rulings. The Court therefore refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, finding that the analyses provided in these cases apply in this matter and that accordingly, Petitioner is entitled to a bond hearing. The Court notes that Petitioner also argues his detention was unlawful because he was not served with a warrant under 8 U.S.C. § 1226(a). However, because the statutory claim resolved above is dispositive, the Court declines to reach that additional argument at this time. The Court therefore GRANTS Petitioners Petition and orders Respondents to provide Petitioner with an individualized bond hearing pursuant to Section 1226(a) no later than seven days from the date of this Order. Respondents are also ordered to file a status report in order to certify compliance within ten days of issuance of this Order. If Petitioner has not been provided with such a bond hearing at the time this status report is due, Petitioner shall be immediately released. Text Only Entry (sbplc9, ) (Entered: 05/14/2026)

#12

May 14, 2026

Clarify

May 14, 2026

Order

May 20, 2026

Order on Motion to Clarify