District of Colorado • 1:26-cv-03854

#1

Aug 21, 2026

APPLICATION for a Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119192), filed by Roberto Ramon Roa. (Attachments: # 1 Envelope, # 2 Receipt)(manoe, ) (Entered: 08/21/2026)

#2

Aug 21, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Roberto Ramon Roa. (Attachments: # 1 Cover Letter, # 2 Envelope)(manoe, ) (Entered: 08/21/2026)

#3

Aug 21, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (manoe, ) (Entered: 08/21/2026)

#4

Aug 24, 2026

ORDER Drawing Case. After review under D.C.COLO.LCivR 8.1, the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, this case is randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 26-cv-03854-SBP, by Magistrate Judge Richard T. Gurley on 08/24/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan) (Entered: 08/24/2026)

#5

Aug 24, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) (Entered: 08/24/2026)

#6

Sep 03, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Roberto Ramon Roa. Petitioner Party Does Consent. (eguth, ) (Entered: 09/04/2026)

#7

Sep 04, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/04/2026. This matter is before the court on Petitioner's 2 Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. The Clerk of Court shall serve Respondents with a copy of the Petition and this Order on or before September 8, 2026. The Clerk of Court shall file proof of service. Within seven days of service, respondents shall show cause why Petitioner's Application should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). In doing so, Respondents are asked to address whether the issues presented here are materially different from the issues the Tenth Circuit has resolved in its prior ruling in Santillan Quiroz v. Mullin, 180 F.4th (10th Cir. 2026). Petitioner may file a reply within seven days of Respondents filing their response. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 5 ) no less than seven days from the date of this Order. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 09/04/2026)

Sep 04, 2026

Minute Order

#8

Sep 08, 2026

CERTIFICATE of Service by Clerk of Court re: Service of Process of 2 Amended Application for Writ of Habeas Corpus, 7 Minute Order, (ccuen, ) # 1 Certified Mail Receipts) (ccuen, ). Modified on 9/9/2026 to add receipts (ccuen, ). (Entered: 09/08/2026)

#9

Sep 09, 2026

ACKNOWLEDGEMENT LETTER on behalf of the Office of the United States Attorney's Office for the District of Colorado Re: 8 Certificate of Service(ccuen, ) (Entered: 09/10/2026)

#10

Sep 15, 2026

RESPONSE to 7 Minute Order,,,,, by Respondent Juan BaltazarAttorney Logan P. Brown added to party Juan Baltazar(pty:res). (Brown, Logan) (Entered: 09/15/2026)

#11

Sep 18, 2026

ORDER by Magistrate Judge Susan Prose on 09/18/2026. This matter is before the court sua sponte. In its Minute Order at ECF No. 7, the court set a deadline of September 11, 2026 for the parties to file a completed Magistrate Judge consent form. While Petitioner has indicated his consent, the record does not reflect consent from Respondents. Accordingly, the Clerk's Office is respectfully directed to assign this matter to a United State District Judge. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (sjeff) (Entered: 09/18/2026)

Sep 18, 2026

Order

#12

Sep 21, 2026

CASE REASSIGNED Pursuant to 11 Order. Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-03854-CNS. (Text Only Entry) (ccuen, ) (Entered: 09/21/2026)

#13

Sep 21, 2026

MINUTE ORDER: Before the Court is Petitioner's amended habeas application, ECF No. 2, and Respondent's response to it, ECF No. 10. In the response, Respondent's state that they are "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondent's response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's habeas application, ECF No. 2. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to her recent detention. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 10 at 2, this argument fail to persuade. Compare id., with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 9/21/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/21/2026)

#14

Sep 21, 2026

Returned USPS Certified Mail Receipt re: 8 Certificate of Service Addressed to United States Attorney General (ccuen, ) (Entered: 09/22/2026)

Sep 21, 2026

Minute Order

#15

Sep 23, 2026

STATUS REPORT by Respondent Juan Baltazar. (Brown, Logan) (Entered: 09/23/2026)

#16

Sep 24, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 13, and the representations made in the Status Report, ECF No. 15, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/24/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (jdyne, ) (Entered: 09/24/2026)

#17

Sep 24, 2026

FINAL JUDGMENT: 2 Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 9/24/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (jdyne, ) (Main Document 17 replaced on 9/24/2026 with correct judgment) (jdyne, ). (Entered: 09/24/2026)

Sep 24, 2026

Minute Order