District of Colorado • 1:25-cv-03943

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Dec 08, 2025

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (verified) (Filing fee $ 5, Receipt Number ACODC-10703535)Attorney Scott Brian Petiya added to party Kevin Yohandri Marquez Rico(pty:pet), filed by Kevin Yohandri Marquez Rico. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-13)(Petiya, Scott) (Entered: 12/08/2025)

#2

Dec 08, 2025

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. Text Only Entry (eluce, ) (Entered: 12/09/2025)

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Dec 08, 2025

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eluce, ) (Entered: 12/09/2025)

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Dec 09, 2025

MINUTE ORDER: Before the Court is Petitioner's Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief. ECF No. 1 . In the Petition, Petitioner requests that the Court "[i]ssue a Writ of Habeas Corpus ordering Respondents to release him from custody or provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) or the Due Process Clause within seven days[.]" Id. at 17. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than December 10, 2025, (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five 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)). 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 Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 12/9/2025. Text Only Entry (cnsja, ) (Entered: 12/09/2025)

Dec 09, 2025

Minute Order

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Dec 16, 2025

ORDER: The Court GRANTS Petitioner's Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief, ECF No. 1 . Respondents are ordered to either (1) provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within SEVEN DAYS (on or before December 24, 2025), at which the government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence of dangerousness or flight risk; or (2) in the alternative, immedia tely release Petitioner from custody under reasonable conditions of supervision. Respondents are also ordered to file a status report within NINE DAYS of this order to certify compliance. The status report shall state if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. By Judge Charlotte N. Sweeney on 12/16/2025. (cnsja, )