District of Colorado • 1:26-cv-03800

#1

Aug 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11220252)Attorney Fairuze Sofia added to party Nemias Ajanel Itzep(pty:pet), filed by Nemias Ajanel Itzep. (Attachments: # 1 Exhibit Exhibit A Birth Certificate, # 2 Exhibit Exhibit B Orr Medical Screen, # 3 Exhibit Exhibit C I-589 Receipt, # 4 Exhibit Exhibit D I-765 Receipt, # 5 Civil Cover Sheet)(Sofia, Fairuze) (Entered: 08/19/2026)

#2

Aug 19, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (dhern, ) (Entered: 08/20/2026)

#3

Aug 20, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dhern, ) (Entered: 08/20/2026)

#4

Aug 20, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 8/20/2026. Respondents must show cause within seven (7) days from the date of this Order why the Application for a writ of habeas corpus should not be granted. ORDERED that within fourteen (14) days of Respondents' answer to this Order to Show Cause, Petitioner may file a reply. ORDERED that, pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before August 27, 2026. (sphil, ) (Entered: 08/20/2026)

#5

Sep 01, 2026

MINUTE ORDER This matter is before the Court sua sponte. The Court hereby EXTENDS Respondents' deadline to show cause and parties' deadline to file a magistrate jurisdiction consent form to September 8, 2026. The Court orders that service be effectuated by email upon Kevin Traskos, Civil Division Chief of the U.S. Attorney's Office in the District of Colorado. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/1/2026. Text Only Entry (stvlc7, ) (Entered: 09/01/2026)

Sep 01, 2026

Minute Order

#6

Sep 08, 2026

ANSWER to ComplaintAttorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Denver Field Office Director(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party Warden, Denver Contract Detention Center (pty:res) by Todd Blanche, Denver Field Office Director, Markwayne Mullin, Warden, Denver Contract Detention Center.(Wu, Winnie) (Entered: 09/08/2026)

#7

Sep 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Todd Blanche, Denver Field Office Director, Markwayne Mullin, Warden, Denver Contract Detention Center All parties do not consent.. (Wu, Winnie) (Entered: 09/08/2026)

#8

Sep 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Nemias Ajanel Itzep All parties do not consent.. (Sofia, Fairuze) (Entered: 09/08/2026)

#9

Sep 09, 2026

CASE REASSIGNED. Pursuant to 8 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-03800-DDD. (Text Only Entry) (sphil, ) (Entered: 09/09/2026)

#10

Sep 09, 2026

ORDER GRANTING IN PART 1 Petition for Writ of Habeas Corpus.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention. The respondents state that they "are not submitting a brief in opposition to the Petition," and they "recognize that the Court may then decide to grant the Petition and award appropriate relief," which they assert is a bond hearing before an immigration judge. Doc. 6 at 1-2.It is therefore ORDERED that 4 Order to show cause is MADE ABSOLUTE, and 1 Petition for Writ of Habeas Corpus is GRANTED IN PART.Within one week of this Order, the respondents must provide the petitioner with a bond hearing before an immigration judge or else release the petitioner.The respondents must provide the petitioner's counsel no less than three business days' notice in advance of any bond hearing.At any bond hearing, the Government must bear the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021); Kuzmic v. Baltasar, No. 26-cv-00577-CYC, 2026 WL 1291853, at *2, *5 (D. Colo. May 12, 2026); Guevara Gacia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026); Barreno v. Baltasar, No. 025-cv-03017-GPG-TPO, 2025 WL 3190936, at *3 (D. Colo. Nov. 14, 2025); Diaz-Ceja v. McAleenan, No. 19-cv-00824-NYW, 2019 WL 2774211, at *11 to *12 (D. Colo. July 2, 2019); cf. United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003).The respondents must file a status report within three days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Chief Judge Daniel D. Domenico on 09/09/2026. Text Only Entry. (agryan) (Entered: 09/09/2026)

Sep 09, 2026

Order

#11

Sep 21, 2026

STATUS REPORT by Respondents Todd Blanche, Denver Field Office Director, Markwayne Mullin, Warden, Denver Contract Detention Center. (Wu, Winnie) (Entered: 09/21/2026)

#12

Sep 21, 2026

ORDER re: 11 Status Report filed by Respondents. The Clerk of Court is DIRECTED to enter final judgment in favor of the petitioner pursuant to 10 Order Granting in Part 1 Petition for Writ of Habeas Corpus. SO ORDERED by Chief Judge Daniel D. Domenico on 9/21/2026. Text Only Entry. (rkeec) (Entered: 09/21/2026)

Sep 21, 2026

Order

#13

Sep 22, 2026

FINAL JUDGMENT by Clerk in favor of Nemias Ajanel Itzep against Denver Field Office Director, Warden, Denver Contract Detention Center, Markwayne Mullin, Todd Blanche entered by Chief Judge Daniel D. Domenico on 9/22/2026. (rkeec) (Entered: 09/22/2026)