District of Colorado • 1:26-cv-05352

#1

Oct 20, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11374139)Attorney Zoraida R Cruz Torres added to party Gerald Faustin(pty:pet), filed by Gerald Faustin. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Show Cause, # 4 Proposed Order (PDF Only))(Cruz Torres, Zoraida) (Entered: 10/20/2026)

#2

Oct 20, 2026

Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) (Entered: 10/20/2026)

#3

Oct 20, 2026

MINUTE ORDER: This matter is before the Court on the Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief ("Petition"). [Doc. 1]. The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the 1 Petition, the exhibits to the Petition, and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, (on or before October 27, 2026), Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243; see also, 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)).Unless otherwise ordered by the Court, if Respondents do not file a response to the Petition and Order by this deadline, Petitioner SHALL be released from custody no later than 24 hours after the response deadline, and Respondents SHALL FILE, no later than seven days after the response deadline, a status report informing the Court that Petitioner has been released.Pursuant to the All Writs Act, 28 U.S.C. § 1651(a) Respondents SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondents' custody, unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. This Order does not preclude Respondents from removing Petitioner from the United States pursuant to a final order of removal. By Judge Nina Y. Wang on 10/20/2026. Text Only Entry (nywlc10, ) (Entered: 10/20/2026)

#4

Oct 20, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 3 Order to Serve United States Attorney's Office, emailed to USACO.ServImm2241@usdoj.gov. Text Only Entry (ggill, ) (Entered: 10/20/2026)

Oct 20, 2026

Serve USAO - Immigration Habeas

#6

Oct 29, 2026

MOTION for Order to Grant Verified Petition for Writ of Habeas Corpus by Petitioner Gerald Faustin. (Attachments: # 1 Exhibit)(Cruz Torres, Zoraida) Modified on 11/3/2026 to remove gavel pursuant to NYW Chambers (ccuen, ). (Entered: 10/29/2026)

#7

Oct 30, 2026

MINUTE ORDER: This matter is before the Court on 6 Petitioner's Motion to Grant Verified Petition for Writ of Habeas Corpus. The 6 Motion is CONSTRUED as a Motion to Enforce. Respondents are ORDERED to respond to the 6 Motion no later than November 2, 2026. By Judge Nina Y. Wang on 10/30/2026. Text Only Entry (nywlc10, ) (Entered: 10/30/2026)

Oct 30, 2026

Minute Order

#8

Nov 03, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, Geoge Valdez, David Venturella. (Soler, Andrew) (Entered: 11/03/2026)

#9

Nov 03, 2026

MINUTE ORDER: On October 30, 2026, the Court ordered Respondents to respond to Petitioner's 6 Motion to Enforce no later than November 2, 2026. See [Doc. 7]. Despite the Court's unequivocal order, Respondents failed to do so. Accordingly, the Court ORDERS Respondents to immediately release Petitioner from custody by today, November 3, 2026, without any conditions of release that Petitioner was not subject to prior to his detention, including, without limitation, GPS monitoring and mandatory reporting. To the extent that Respondents release Petitioner subject to prior conditions of release, Respondents shall FILE, no later than November 4, 2026 a Status Report including evidence sufficient to establish such prior conditions.The 1 Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief is GRANTED in part as to Counts One, Two, and Three, that Petitioner's detention violates his due process rights under the Fifth Amendment and 8 U.S.C. §§ 1226(a), 1357(a)(2). See, e.g., Salas Macias v. Baltazar, No. 26-cv-04142-NYW, 2026 WL 3148205, at *1-3 (D. Colo. Oct. 21, 2026) (finding a violation of Fifth Amendment due process rights where a petitioner had been previously released on his own recognizance and ICE detained him without a pre-deprivation hearing or showing of changed circumstances); Natan v. Baltazar, No. 26-cv-04206-NYW, 2026 WL 3253443, at *1-2 (D. Colo. Oct. 29, 2026) (explaining the warrant requirements for arrest and detention under 8 U.S.C. §§ 1226(a) and 1357(a)(2), and ordering release where Respondents make no arguments disputing the petitioner's allegations that he was arrested and detained without a warrant). Respondents SHALL NOT re-detain Petitioner prior to the entry of a final order of removal unless they demonstrate, by clear and convincing evidence at a pre-deprivation hearing before a neutral arbiter, that Petitioner is a danger or flight risk.Further, the Court SETS a Hearing regarding Respondents' violation of the Court's Order, see [Doc. 7], for November 5, 2026 at 10:00 AM in Courtroom A 902 before the Honorable Nina Y. Wang. Respondents' counsel must attend in person. Because Petitioner's counsel is based in New York, she is permitted to attend telephonically using the following dial-in information: 571-353-2301; Access Code: 783456374. By Judge Nina Y. Wang on 11/3/2026. Text Only Entry (nywlc10, ) (Entered: 11/03/2026)

#10

Nov 03, 2026

RESPONSE to 9 Minute Order,,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, Geoge Valdez, David Venturella. (Soler, Andrew) (Entered: 11/03/2026)

#11

Nov 03, 2026

MINUTE ORDER: This matter is before the Court on the Hearing set for November 5, 2026 at 10:00 AM. See [Doc. 9]. While the Court appreciates Respondents' 10 Response to Court Order, ECF No. 9, it respectfully concludes that the Response does not resolve the Court's questions regarding Petitioner's case. Accordingly, in addition to the Court's order that counsel for Respondents shall attend the hearing in person, the Court ORDERS counsel for Respondents to ensure that an appropriate official from U.S. Immigration and Customs Enforcement is in attendance, who can answer the Court's questions under oath regarding why Petitioner's release was subject to conditions such as an ankle monitor and reporting requirements, who made that decision, and the documents or authority that supported that decision. Respondents SHALL provide any such documents, that will be entered in evidence, at the Hearing. By Judge Nina Y. Wang on 11/3/2026. Text Only Entry (nywlc10, ) (Entered: 11/03/2026)

Nov 03, 2026

Minute Order

#12

Nov 04, 2026

MINUTE ORDER: The Hearing set for November 5, 2026 at 10:00 AM is RESET to November 5, 2026 at 3:00 PM in Courtroom A 902 before the Honorable Nina Y. Wang. By Judge Nina Y. Wang on 11/4/2026. Text Only Entry (nywlc10, ) (Entered: 11/04/2026)

#13

Nov 04, 2026

MINUTE ORDER: The hearing set for November 5, 2026 at 3:00 PM is RESET to November 5, 2026 at 2:00 PM in Courtroom A 902 before the Honorable Nina Y. Wang. By Judge Nina Y. Wang on 11/4/2026. Text Only Entry (nywlc10, ) (Entered: 11/04/2026)

#14

Nov 04, 2026

NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Todd Blanche(pty:res), Attorney Jane Bobet Rejko added to party Markwayne Mullin(pty:res), Attorney Jane Bobet Rejko added to party George Valdez(pty:res), Attorney Jane Bobet Rejko added to party David Venturella(pty:res) (Bobet Rejko, Jane) (Entered: 11/04/2026)

Nov 04, 2026

Minute Order

#15

Nov 05, 2026

RESPONSE to 11 Minute Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Soler, Andrew) (Entered: 11/05/2026)

#16

Nov 05, 2026

MINUTE ENTRY for In-Court Hearing held on 11/5/2026 before Judge Nina Y. Wang. Court Reporter: Darlene Martinez. (hguer) (Entered: 11/05/2026)

#17

Nov 06, 2026

MINUTE ORDER: This case is before the Court following the November 5, 2026 hearing. [Doc. 16 ]. At the hearing, counsel for Respondents conceded that Petitioner Gerald Faustin ("Petitioner" or "Mr. Faustin") had been released in response to the Court's Order dated November 3, 2026. See [Doc. 9]. Counsel for Respondents further conceded that the Court Order did not place any limitations on Petitioner's release, including but not limited to the imposition of an ankle monitor or order of supervision. And Respondents conceded that they had no binding authority from the United States Supreme Court or the United States Court of Appeals for the Tenth Circuit that allowed an executive agency, such as the Department of Homeland Security, Immigration and Customs Enforcement, to modify the Court's Order releasing Mr. Faustin unilaterally. Instead, Nichole Black, the Assistant Field Office Director for Immigration and Customs Enforcement, testified that the conditions of release had been placed upon Mr. Faustin according to a "directive" or "policy." Despite the Court's order that Respondents shall provide to the Court any documents or authority that supported placing an ankle monitor or reporting requirements upon Mr. Faustin, [Doc. 11], Respondents failed to do so. To facilitate whether additional action is required by the Court or whether judgment may be entered and the case be terminated, IT IS ORDERED that no later than November 10, 2026, Respondents SHALL provide the Court copies of any and all directives, policies, or analyses to which Ms. Black referred, and/or Respondents relied upon in subjecting Petitioner to conditions of release. To the extent that Respondents claim any privilege, they shall provide a redacted version of such documents and a privilege log sufficient for this Court to determine whether the invocation of such privilege is appropriate. To the extent that Petitioner seeks fees under the Equal Access to Justice Act, such motion shall be filed no later than thirty days from the entry of judgment. By Judge Nina Y. Wang on 11/6/2026. Text Only Entry (nywlc10, ) (Entered: 11/06/2026)

Nov 06, 2026

Minute Order