District of Colorado • 1:26-cv-04116

#1

Sep 02, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11257425)Attorney Colleen Mary Cowgill added to party Anyely Paola Uzcategui Rojo(pty:pet), filed by Anyely Paola Uzcategui Rojo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Petitioner's I-94, # 3 Exhibit Notice to Appear)(Cowgill, Colleen) (Entered: 09/02/2026)

#2

Sep 02, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Colleen Cowgill. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) (Entered: 09/02/2026)

#3

Sep 02, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) (Entered: 09/02/2026)

#4

Sep 02, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 09/02/2026)

#5

Sep 08, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 9/8/2026. It is ORDERED that Respondents 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. It is FURTHER 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 September 15, 2026. (eluce) (Entered: 09/08/2026)

#6

Sep 16, 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 23, 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 9/16/2026. Text Only Entry (stvlc7, ) (Entered: 09/16/2026)

Sep 16, 2026

Minute Order

#7

Sep 17, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Anyely Paola Uzcategui Rojo All parties do not consent.. (Cowgill, Colleen) (Entered: 09/17/2026)

#8

Sep 18, 2026

CASE REASSIGNED. Pursuant to 7 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-04116-CNS. (Text Only Entry) (sphil, ) (Entered: 09/18/2026)

#9

Sep 21, 2026

MINUTE ORDER: 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 9/21/2026. Text Only Entry (cnsja, ) (Entered: 09/21/2026)

Sep 21, 2026

Minute Order

#10

Sep 23, 2026

RESPONSE to 5 Order to Show Cause,, by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullin, George ValdezAttorney Elliot Wertheim added to party Juan Baltazar(pty:res), Attorney Elliot Wertheim added to party Todd Blanche(pty:res), Attorney Elliot Wertheim added to party Todd M. Lyons(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res), Attorney Elliot Wertheim added to party George Valdez(pty:res). (Wertheim, Elliot) (Entered: 09/23/2026)

#11

Sep 23, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullin, George Valdez All parties do not consent.. (Wertheim, Elliot) (Entered: 09/23/2026)

#12

Sep 23, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 10. 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. 10 at 2, this argument fails 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 9/23/2026. Text Only Entry (cnsja, ) (Entered: 09/23/2026)

Sep 23, 2026

Minute Order

#13

Sep 25, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullin, George Valdez. (Wertheim, Elliot) (Entered: 09/25/2026)

#14

Sep 25, 2026

MINUTE ORDER Pursuant to the Court's Order, ECF No. 12, and the representations made in the Status Report, ECF No. 13, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/25/26. Text Only Entry (jdyne, ) (Entered: 09/25/2026)

#15

Sep 25, 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 9/25/26. (jdyne, ) (Entered: 09/25/2026)

Sep 25, 2026

Minute Order