Guevara Andrade v. Hagan et al
| Romel Daniel Guevara Andrade |
| Robert Hagan, Kristi Noem, U.S. Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review and Warden of Denver Contract Detention Facility |
| 1:2026cv00847 |
| March 2, 2026 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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| Filing 16 FINAL JUDGMENT: #1 Petition for Writ of Habeas Corpus 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 4/28/26. (jdyne, ) |
Filing 15
MINUTE ORDER: Pursuant to the Order, ECF No. 13, 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. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. 2412(a)(1). By Judge Charlotte N. Sweeney on 4/28/2026. Text Only Entry (cnsja, )
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| Filing 14 STATUS REPORT by Respondents Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security, Warden of Denver Contract Detention Facility. (McConney, Adam) |
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Filing 13
MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. #1 , and Respondents' response to it, ECF No. #12 . As Respondents acknowledge, the issue that this case presents "is not materially different from an issue this Court has resolved in a prior ruling in another case." ECF No. 12 at 3 (citing Nava Hernandez v. Baltazar, et al., 25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025)). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here," given "the facts of this case are not materially distinguishable from that case for purposes of the Court's decision" on the controlling "legal issue" as to 8 U.S.C. 1225's applicability. ECF No. 12 at 4. In light of these representations and the Court's prior analyses of this issue, see generally Singh v. Baltazar, 2026 WL 352870, the Court GRANTS Petitioner's petition, ECF No. 1. It is FURTHER ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, and may not impose any additional conditions of release or supervision beyond those he 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 they 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 argue immediate release is an inappropriate remedy, their arguments fail to persuade. Compare ECF No. 12 at 5, with Singh, 2026 WL 352870, at *6; Diallo v. Baltazar, No. 1:25-CV-3548-SKC, 2026 WL 237296, at *3 (D. Colo. Jan. 29, 2026); and Rivero v. Mina, No. 6:26-CV-66-RBD-NWH, 2026 WL 199319, at *4 (M.D. Fla. Jan. 26, 2026). By Judge Charlotte N. Sweeney on 3/25/2026. Text Only Entry (cnsja, )
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| Filing 12 ANSWER to Complaint by Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security, Warden of Denver Contract Detention Facility. (Attachments: #1 Exhibit Exhibit A)(McConney, Adam) |
| Filing 11 NOTICE of Entry of Appearance by Adam D. McConney on behalf of Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Kristi Noem, U.S. Department of Homeland Security, Warden of Denver Contract Detention FacilityAttorney Adam D. McConney added to party Pamela Bondi(pty:res), Attorney Adam D. McConney added to party Executive Office for Immigration Review(pty:res), Attorney Adam D. McConney added to party Robert Hagan(pty:res), Attorney Adam D. McConney added to party Kristi Noem(pty:res), Attorney Adam D. McConney added to party U.S. Department of Homeland Security(pty:res), Attorney Adam D. McConney added to party Warden of Denver Contract Detention Facility(pty:res) (McConney, Adam) |
| Filing 10 NOTICE re 9 Minute Order,,,,,,,,,,, of Compliance by Petitioner Romel Daniel Guevara Andrade (Attachments: #1 Exhibit Emails serving Defendants, #2 Exhibit Proof of Overnight mailing)(Guedes, Margareth) |
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Filing 9
MINUTE ORDER: Before the Court is Petitioner's Notice of Respondents' Failure to Comply with the Court's Order and Motion for Relief. ECF No. #8 . In the Notice, Petitioner states that he "timely served Respondents by email and overnight mail, and proof of service was filed with this Court." Id. at 2 (citing ECF No. 6). Although Petitioner represents that "[s]ervice was effected via electronic mail and via overnight delivery upon the appropriate representatives of the United States Attorney's Office and the Office of Chief Counsel for the Department of Homeland Security, consistent with the Court's directives," ECF No. 6 at 2, review of Petitioner's proof of service, see ECF No. 6-1, shows that although Petitioner partially complied with the service requirements, he failed to serve the United States attorney for the District of Colorado as required. Pursuant to Fed. R. Civ. P. 4(i)(2), proper service on an officer of an agency of the United States requires serving not only the individual defendant, but also the United States. Proper service on the United States, in turn, requires Petitioner to serve a copy of the summons and complaint on the United States attorney for this district where an action is brought. See Fed. R. Civ P. 4(i)(1); see also Olsen v. Mapes, 333 F.3d 1199, 1201 (10th Cir. 2003) ("Rule 4(i) requires that service on officers of the United States be made on both the United States and the officer." (citing Fed. R. Civ. P. 4(i)(2)). Because Petitioner failed to serve the United States attorney for the District of Colorado, service in this case was improper. Accordingly, the Court hereby ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition 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)). By Judge Charlotte N. Sweeney on 3/19/2026. Text Only Entry (cnsja, )
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| Filing 8 NOTICE re 4 Minute Order,,,,,,, PETITIONERS NOTICE OF RESPONDENTS FAILURE TO COMPLY WITH THE COURTS ORDER AND MOTION FOR RELIEF by Petitioner Romel Daniel Guevara Andrade (Guedes, Margareth) |
| Filing 7 Administrative Notice: re: #5 Summons Request: Summonses are inappropriate for this case type, and will not be issued. (Text Only Entry) (agryan) |
| Filing 6 NOTICE re 4 Minute Order,,,,,,, NOTICE OF COMPLIANCE WITH MINUTE ORDER [ECF No. 4] AND PROOF OF SERVICE by Petitioner Romel Daniel Guevara Andrade (Attachments: #1 Exhibit Proof of Overnight, #2 Exhibit Proof of emails sent)(Guedes, Margareth) |
| Filing 5 SUMMONS REQUEST as to ROBERT HAGAN, Field Office Director of Enforcement and Removal Operations, DENVER Field Office, Immigration and Customs Enforcement; Kristi NOEM, Secretary, U.S. Department of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY; Pamela BONDI, U.S. Attorney General; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; WARDEN OF DENVER CONTRACT DETENTION FACILITY, by Petitioner Romel Daniel Guevara Andrade. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Guedes, Margareth) |
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Filing 4
MINUTE ORDER: Before the Court are Petitioner's Petition for Writ of Habeas Corpus. ECF No. #1 . In the Petition, Petitioner requests the Court order his immediate release from custody, id. at 10, or in the alternative order that he be released upon a bond hearing, id. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition 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 3/3/2026. Text Only Entry (cnsja, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 2 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10855669)Attorney Margareth Guedes added to party ROMEL DANIEL GUEVARA ANDRADE(pty:pet), filed by ROMEL DANIEL GUEVARA ANDRADE. (Attachments: #1 Exhibit Bond request denial, #2 Exhibit Notice to Appear)(Guedes, Margareth) |
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