District of Colorado • 1:26-cv-03868

#1

Aug 21, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11230612)Attorney Joseph Francis Rosales, III added to party GRACIELA CORDOVA-CASTRO(pty:pet), filed by GRACIELA CORDOVA-CASTRO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit)(Rosales, Joseph) (Entered: 08/21/2026)

#2

Aug 21, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (manoe, ) (Entered: 08/24/2026)

#3

Aug 24, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 08/24/2026)

#4

Aug 24, 2026

MINUTE ORDER: Before the Court is Petitioner Graciela Cordova-Castro's Verified Petition for Writ of Habeas Corpus, ECF No. 1, in which Petitioner requests immediate release from immigration detention or, in the alternative, that the Court order Respondents to provide Petitioner with an individualized bond hearing, id. at 25. Having reviewed the petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and any accompanying papers, along with a copy of this Order, by e-mail and mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) 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)). Further, 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 Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 8/24/2026. Text Only Entry (cnsja, ) (Entered: 08/24/2026)

Aug 24, 2026

Minute Order

#5

Aug 28, 2026

Exhibits in Support Proof of Service to Respondent's by Petitioner Graciela Cordova-Castro. (Rosales, Joseph) (Entered: 08/28/2026)

#6

Sep 08, 2026

RESPONSE to Petition for Writ of Habeas Corpus (ECF No. 1 ) and Order to Show Cause (ECF No. 4) Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Todd Lyons(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res) by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez.(Wu, Winnie) Modified on 9/10/2026 to correct title (ggill, ). (Entered: 09/08/2026)

#7

Sep 09, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 6. In the response, Respondents state that they are "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 2. In light of the representation in Respondents' 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. 1. It is ORDERED that Respondents 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. Respondents SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that her physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondents contend that a bond hearing is the appropriate remedy, see ECF No. 6 at 2, this argument fail to persuade. Compare ECF No. 6 at 2, 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 9/9/2026. Text Only Entry (cnsja, ) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order

#8

Sep 11, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Wu, Winnie) (Entered: 09/11/2026)

#9

Sep 22, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 7, and the representations made in the Status Report, ECF No. 8, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/22/2026. Text Only Entry (cnsja, ) (Entered: 09/22/2026)

Sep 22, 2026

Minute Order

#10

Sep 23, 2026

FINAL JUDGMENT: 1 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 9/23/26. (jdyne, ) (Entered: 09/23/2026)