District of Colorado • 1:26-cv-04377

#1

Sep 14, 2026

APPLICATION for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Filing fee $ 5.00, Receipt Number 119510), filed by Abrham Tesfay Gebru. (Attachments: # 1 Continuation of Main Document, # 2 Exhibit, # 3 Receipt, # 4 Envelope)(agryan) (Entered: 09/15/2026)

#2

Sep 14, 2026

DISREGARD - DUPLICATE ENTRY SEE 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119510), filed by Abrham Tesfay Gebru. (Attachments: # 1 Continuation of Main Document, # 2 Exhibit, # 3 Envelope, # 4 Receipt)(agarc, ) Modified on 9/15/2026 to document this is a duplicate entry (agarc, ). (Entered: 09/15/2026)

#3

Sep 14, 2026

MOTION for Temporary Restraining Order and(Or) for Preliminary Injunction Pursuant to Petition for Writ of Habeas Corpus For: Tesfay Gebru, Abrham A# 241-694-946 by Petitioner Abrham Tesfay Gebru. (agryan) (Entered: 09/15/2026)

#4

Sep 14, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (agryan) (Entered: 09/15/2026)

#5

Sep 17, 2026

ORDER Drawing Case. After review pursuant to 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. See D.C.COLO.LCivR 8.1(c). Based on the motion for a temporary restraining order and preliminary injunction (ECF No. 3 ), the case may not be directly assigned to a magistrate judge. See D.C.COLO.LCivR 40.1(c)(2)(a). Accordingly, this case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-04377-SKC, by Magistrate Judge Richard T. Gurley on 09/17/2026. 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: 09/17/2026)

#6

Sep 21, 2026

ORDER: Upon review of the 1 Petition for Writ of Habeas Corpus filed by Abrham Tesfay Gebru, it is ORDERED that the Clerk of Court shall serve Respondents.Based upon a preliminary review of the Petition, it appears to be well-founded. Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted.IT IS FURTHER ORDERED Pursuant to the All Writs Act, 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.SO ORDERED by Judge S. Kato Crews 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 (skclc4) (Entered: 09/21/2026)

Sep 21, 2026

Order

#10

Sep 29, 2026

RESPONSE to 6 Order,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Thomas Alan Isler added to party Juan Baltazar(pty:res), Attorney Thomas Alan Isler added to party Todd Blanche(pty:res), Attorney Thomas Alan Isler added to party Markwayne Mullin(pty:res), Attorney Thomas Alan Isler added to party George Valdez(pty:res), Attorney Thomas Alan Isler added to party David J. Venturella(pty:res). (Isler, Thomas) (Entered: 09/29/2026)

#11

Oct 01, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 10, p.2. The Tenth Circuit recently weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that "noncitizens who entered the United States and were thereafter detained in the interior of the country" are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1237 (10th Cir. 2026). Considering the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to § 1226 or the existence of an administrative warrant--the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026).IT IS FURTHER ORDERED that:Petitioner Abrham Tesfay Gebru is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining her under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if she is removed from the United States.Petitioner SHALL be immediately released from custody.To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; andRespondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.IT IS FURTHER ORDERED Petitioner's 3 Motion for Temporary Restraining Order is DENIED as moot.SO ORDERED by Judge S. Kato Crews on 10/1/2026.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 (skclc4) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO