Reposted by Marianne Goodland
Magistrate Judge Cyrus Chung of Colorado frees a noncitizen who ICE unlawfully arrested without a warrant. Those arrests require probable cause that someone is likely to escape before ICE can get a warrant. But the man was *in jail* and, one would assume, not likely to escape.
![This case presents one in a series of cases in which DHS appears to have simply
ignored the law and detained an individual in violation of the law. The United States has
not—and apparently cannot—defend that decision. A hearing is set for September 10,
2026 at 9:00 a.m. at which the Defendants shall be prepared to address their apparent
repeated violation of the law.
IV. CONCLUSION
For the foregoing reasons, it is ORDERED:
(1) that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
[#1] is GRANTED;
(2) Respondents shall release Petitioner for DHS custody within 48 HOURS of the
date of this Court's Order; and
(3) Respondents shall file a status report within TEN DAYS of the date of this
Court's order to certify compliance; and
(4) A hearing is set for September 10, 2026 at 9:00 a.m.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:63qzp63fz5q45anhnxhoxhl5/bafkreigux2jvh5cgfl3izxyi4uoqaeft7b32e4xlpvnvrei27lzuu6pepq)
