Habeas/Bond Victory in Colorado: Sheikh v. Choate

Sheikh v. Choate

"Pending before the Court are the Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1; Petitioner’s Motion for Temporary Restraining Order, ECF No. 3; and Petitioner’s Unopposed Motion for Oral Arguments, ECF No. 26. For the reasons stated below, the Petition, ECF No. 1, is GRANTED IN PART, to the extent Petitioner seeks a bond hearing, and DENIED IN PART, to the extent Petitioner seeks immediate release. ... Given that the first three of the six factors weigh in Petitioner’s favor and that the remaining factors are neutral, the Court finds that this test weighs in favor of Petitioner receiving an individualized bond hearing. Continued detention of Petitioner requires an individualized bond hearing before an IJ to comport with due process. Petitioner requests that this hearing be held within seven days of the Court’s order. The Court orders that the bond hearing must take place on or before the close of business on Monday, August 8, 2022."  [Emphasis added.]

[Hats off to Laura Lunn and everyone at RMIAN!  NOTE: The government has appealed to the 10th Circuit, case number 22-1311.]