District of Colorado • 1:26-cv-01982

#1

May 07, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10998482)Attorney Ciara F. Faber added to party Carolay Vanesa Hernandez Reyes(pty:dft), filed by Carolay Vanesa Hernandez Reyes.(Faber, Ciara) (Entered: 05/07/2026)

#2

May 07, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 05/08/2026)

#3

May 08, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/08/2026)

#4

May 20, 2026

SUMMONS Returned Executed by Carolay Vanesa Hernandez Reyes. Juan Baltazar served on 5/20/2026, answer due 6/10/2026; Todd Blanche served on 5/20/2026, answer due 6/10/2026; Executive Office for Immigration Review served on 5/20/2026, answer due 6/10/2026; Markwayne Mullin served on 5/20/2026, answer due 6/10/2026; U.S. Department of Homeland Security served on 5/20/2026, answer due 6/10/2026; George Valdez served on 5/20/2026, answer due 6/10/2026. (Faber, Ciara) (Entered: 05/20/2026)

#5

Jun 01, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Carolay Vanesa Hernandez Reyes All parties do not consent.. (Faber, Ciara) (Entered: 06/01/2026)

#6

Jun 21, 2026

Summary Judgment

#7

Jun 24, 2026

ORDER denying without prejudice 6 Motion for Summary Judgment. Upon a review of the docket, it does not appear that service on the Respondents has been properly completed. Although Petitioner's Counsel sent a copy of the Petition to Peter McNeilly, the United States Attorney for the District of Colorado, more is required to appropriately effectuate service on the United States and its Officers and Employees. Consequently, IT IS ORDERED Counsel shall review Federal Rule of Civil Procedure 4(i)(1) & (2) and SERVE Respondents 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 June 30, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Based upon a preliminary review of the Petition, it appears to be well-founded. Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted. 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 6/24/2026. Text Only Entry (skclc1) (Entered: 06/24/2026)

Jun 24, 2026

Order on Motion for Summary Judgment

#10

Jul 09, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 9, p.2. The Tenth Circuit recently weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that "noncitizens who entered the United States and were thereafter detained in the interior of the country" are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, No. 26-6019, 2026 WL 1876709, at *5 (10th Cir. June 30, 2026). Considering the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful basis for her detention--alternative arguments pursuant to § 1226 or the existence of an administrative warrant--the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026).IT IS FURTHER ORDERED that:1. Petitioner Carolay Vanesa Hernandez Reyes is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining her under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if she is removed from the United States.2. Petitioner SHALL be immediately released from custody. 3. 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.4. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 7/9/2026. Text Only Entry (skclc1) (Entered: 07/09/2026)

Jul 09, 2026

Order