Timani Timol (PS) v. Baltazar
| Colorado District Court | |
| Judge: | Charlotte N Sweeney |
| Case #: | 1:26-cv-04279 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241in - Habeas Corpus: INS |
| Case Filed: | Sep 11, 2026 |
| Last checked: Friday Sep 11, 2026 3:04 PM MDT |
|
Petitioner
Tajay Timani Timol
#A240-392-353 Denver Contract Detention Facility 3130 North Oakland Street
Aurora, CO 80010 |
|
|
Respondent
Juan Baltazar
|
| Docket last updated: 7 hours ago |
| Monday, September 21, 2026 | ||
| 10 | 10
order
Minute Order
Mon 09/21 4:31 PM
MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondents' response to it, ECF No. 9. 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 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. 14 at 2, this argument fail to persuade. Compare ECF No. 14 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 9/21/2026. 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 (cnsja, ) |
|
| 9 | 9
misc
Response
Mon 09/21 2:07 PM
RESPONSE to 5 Minute Order,,,,,,, by Respondents Juan Baltazar, Todd M. Blanche, Robert Hagan, Todd M. Lyons, Markwayne M. MullinAttorney Elliot Wertheim added to party Juan Baltazar(pty:res), Attorney Elliot Wertheim added to party Todd M. Blanche(pty:res), Attorney Elliot Wertheim added to party Robert Hagan(pty:res), Attorney Elliot Wertheim added to party Todd M. Lyons(pty:res), Attorney Elliot Wertheim added to party Markwayne M. Mullin(pty:res). (Wertheim, Elliot) |
|
| Thursday, September 17, 2026 | ||
| 8 | 8
service
Affidavit/Return of Service - Other than Complaint
Fri 09/18 9:47 AM
Acknowledgment / Acceptance of Service on behalf of the United States Attorneys Office for the District of Colorado on 9/17/2026. (sphil, ) |
|
| Wednesday, September 16, 2026 | ||
| 7 | 7
misc
Certificate of Service
Wed 09/16 11:08 AM
CERTIFICATE of Service, by Clerk of Court re1 Application for Writ of Habeas Corpus, 5 Minute Order for Service of Process. (sphil, ) |
|
|
Att: 1
USPS Certified Mail Receipt
|
||
| Tuesday, September 15, 2026 | ||
| 6 | 6
order
Minute Order
Tue 09/15 1:39 PM
MINUTE ORDER: The Court orders that the Clerk of Court's Office effectuate service of process on Respondent, ECF Nos. 1, 5, and file a certificate of service. Counsel for Respondent shall promptly enter a notice of appearance. by Judge Charlotte N. Sweeney on 9/15/2026. 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, ) |
|
| 5 | 5
order
Minute Order
Tue 09/15 1:38 PM
MINUTE ORDER: Before the Court is Petitioner Tajay Timani Timol's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1, in which Petitioner requests immediate release from immigration detention or, in the alternative, that the Court order Respondent to provide Petitioner with an individualized bond hearing, id. at 46. Having reviewed the application, after being served Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Application and are ORDERED TO SHOW CAUSE as to why the Application 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 9/15/2026. 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, ) |
|
| 4 | 4
2
pgs
order
Order Reassigning Case ~Util - Set/Clear Flags
Tue 09/15 12:02 PM
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 09/15/2026. 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. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to District Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-04279-CNS .) 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. (pklin, ) |
|
| Friday, September 11, 2026 | ||
| 3 | 3
misc
Case Assigned (PS) to Judge
Mon 09/14 8:44 AM
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) |
|
| 2 | 2
misc
Consent to Jurisdiction of Magistrate Judge
Mon 09/14 8:43 AM
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Tajay Timani Timol. Petitioner Party Does Consent.(eguth, ) |
|
|
Att: 1
Envelope
|
||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Mon 09/14 8:42 AM
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119476), filed by Tajay Timani Timol.(eguth, ) |
|
|
Att: 1
Envelope
|
||