District of Colorado • 1:26-cv-04001

#1

Aug 27, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119282), filed by Jose Luis Serrano Cabrera.(eguth, ) (Entered: 08/27/2026)

#2

Aug 27, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) (Entered: 08/27/2026)

#3

Aug 31, 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. (Case randomly reassigned to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings shall be designated to 26-cv-04001-CYC). By Magistrate Judge Richard T. Gurley on 8/31/2026. 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. (ggill, ) (Entered: 08/31/2026)

#4

Aug 31, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) (Entered: 08/31/2026)

#5

Sep 02, 2026

ORDER to Show Cause: It is ORDERED that Respondents show cause within seven (7) days from the date of this Order why the petition, ECF No. 1, should not be granted. Within seven (7) days from the date of this Order the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, ECF No. 4, indicating either the unanimous consent of the parties or that consent has been declined. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, it is further ORDERED that the respondents SHALL NOT REMOVE the 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. Entered by Magistrate Judge Cyrus Y. Chung on 09/02/2026. 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: 09/02/2026)

#6

Sep 02, 2026

CERTIFICATE of Service by Clerk of Court re 5 Order to Show Cause 1 Application for Writ of Habeas Corpus (Attachments: # 1 Certified Mail Receipts) (agryan) (Entered: 09/02/2026)

#7

Sep 03, 2026

ACKNOWLEDGEMENT of Receipt of Documents by the United States Attorney's Office re 6 Certificate of Service (agryan) (Entered: 09/03/2026)

#11

Sep 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Jose Luis Serrano Cabrera - Plaintiff party does not consent. (jberr, ) (Entered: 09/10/2026)

#8

Sep 09, 2026

RESPONSE to 5 Order to Show Cause,,,, by Respondents Juan Baltazar, Markwayne Mullin, Lance SchroyerAttorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party Lance Schroyer(pty:res). (Wu, Winnie) (Entered: 09/09/2026)

#9

Sep 09, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer All parties do not consent.. (Wu, Winnie) (Entered: 09/09/2026)

#10

Sep 10, 2026

CASE REASSIGNED Pursuant to 9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge Charlotte N. Sweeney, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-04001-CNS. (Text Only Entry) (agryan) (Entered: 09/10/2026)

#12

Sep 10, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 8. 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 1. 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. 8. 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 his recent detention. Respondents SHALL FILE a status report within THREE 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 his 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. 8 at 2, this argument fail to persuade. Compare ECF No. 8 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 9/10/2026. 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: 09/10/2026)

Sep 10, 2026

Minute Order

#13

Sep 11, 2026

CERTIFIED MAIL RETURN Receipt as to Juan Baltazar re: 6 Certificate of Service (agryan) (Entered: 09/11/2026)

#14

Sep 14, 2026

STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer. (Wu, Winnie) (Entered: 09/14/2026)

#15

Sep 15, 2026

CERTIFIED MAIL RETURN Receipt as to Lance Schroyer re: 6 Certificate of Service (agryan) (Entered: 09/15/2026)

#16

Sep 22, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 12, and the representations made in the Status Report, ECF No. 14, 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

#17

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. 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, ) (Entered: 09/23/2026)