Ozbilgi v. Rasper et al
| Mert Muhammed Ozbilgi |
| Juan Baltazar, Executive Office for Immigration Review, Todd Blanche, U.S. Department of Homeland Security, Markwayne Mullin and Nathan Rasper |
| 1:2026cv05844 |
| November 4, 2026 |
| U.S. District Court for the District of Colorado |
| S. Kato Crews |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in - Habeas Corpus: INS |
| None |
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| Document Text |
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| Filing 4 CERTIFICATE of Service by Clerk of Court re #1 Application for Writ of Habeas Corpus emailed to [email protected]. Text Only Entry. (jrobe, ) |
Filing 3
ORDER: This matter is before the Court on Petitioner's #1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241. 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 Application and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. 2243. Unless otherwise ordered by the Court, if Respondents do not file a response to the Petition and Court Order by this deadline, IT IS ORDERED 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.If Respondents do not file a Response to the Petition, they shall have confessed Petitioner's detention is unlawful. And given this concession, Respondents shall be ENJOINED from re-arresting or re-detaining Petitioner and SHALL NOT take him into custody without first providing Petitioner notice and a pre-deprivation hearing before a neutral decisionmaker at which Respondents shall demonstrate by clear and convincing evidence Petitioner is a danger to the community and/or by a preponderance of the evidence that Petitioner is a flight risk such that his physical custody is legally justified. At any such bond hearing, Respondents shall bear the burden of proof as articulated above, and Petitioner shall be allowed to have counsel present. If Respondents release Petitioner, the injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court or Appeals, vacates this Order.Pursuant to the All Writs Act, 28 U.S.C. 1651(a), Respondents SHALL NOT REMOVE Petitioner from the District of Colorado 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 11/5/2026. Text Only Entry (skclc1)Response to Petition due by 11/12/2026.
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| Filing 2 Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (jberr, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11418742)Attorney Ciara F. Faber added to party Mert Muhammed Ozbilgi(pty:pet), filed by Mert Muhammed Ozbilgi.(Faber, Ciara) |
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