Case: Batooie v. Ceja

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10423120)Attorney Mark Robert Barr added to party Hossein Batooie(pty:pet), filed by Hossein Batooie. (Attachments: # 1 Exhibit 2004 IJ Order)(Barr, Mark) (Entered: 07/02/2025)

SUMMONS REQUEST as to Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi re 1 Application for Writ of Habeas Corpus, by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 07/02/2025)

NOTICE of Civil Cover Sheet by Petitioner Hossein Batooie (Barr, Mark) (Entered: 07/02/2025)

MOTION for Temporary Restraining Order by Petitioner Hossein Batooie. (Attachments: # 1 Exhibit 2004 IJ Order)(Barr, Mark) (Entered: 07/02/2025)

TEMPORARY RESTRAINING ORDER by District Judge Gordon P Gallagher on 7/3/2025 1:07 pm. Respondents SHALL NOT REMOVE Petitioner Hossein Batooie from the District of Colorado or the United States unless or until this Court or the Court of Appeals for th e Tenth Circuit vacates this Order. To the extent they have not yet done so, no later than Monday, July 7, 2025, Petitioners counsel is directed (1) to serve Respondents with a copy of the Petition (D. 1), TRO motion and accompanying papers, along wi th a copy of this Order, by e-mail to the United States Attorneys Office for the District of Colorado and by overnight mail; and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appeara nce. Respondents are further ORDERED to respond to Petitioners TRO motion by WEDNESDAY July 9, 2025. The parties are hereby ORDERED to appear for a hearing on Petitioners TRO motion on THURSDAY, July 10, 2025, at 2:00 p.m. in Courtroom 1002 of the Alfred A. Arraj United States Courthouse (gpglc4, )

Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (agryan) (Entered: 07/03/2025)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Summons not issued for this case type. (agryan) (Entered: 07/03/2025)

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/3/2025. Text Only Entry. (rkeec) (Entered: 07/03/2025)

NOTICE of Entry of Appearance by Mark Robert Barr on behalf of Hossein Batooie (Barr, Mark) (Entered: 07/03/2025)

NOTICE of Entry of Appearance by Laura L. Lichter on behalf of Hossein BatooieAttorney Laura L. Lichter added to party Hossein Batooie(pty:pet) (Lichter, Laura) (Entered: 07/03/2025)

Order Referring Case to Magistrate Judge

Evidentiary Hearing set for 7/10/2025, at 02:00 PM, in Courtroom A1002 before Judge Daniel D. Domenico pursuant to 10 Temporary Restraining Order entered 7/3/2025. (rkeec)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (ccuen, ) (Entered: 07/07/2025)

NOTICE re 10 Temporary Restraining Order,,,, Proof of Email Service by Petitioner Hossein Batooie (Barr, Mark) (Entered: 07/07/2025)

NOTICE of Fed Ex Delivery of Habeas, TRO Motion, and TRO to Respondents by Petitioner Hossein Batooie (Barr, Mark) (Entered: 07/08/2025)

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Dawn Ceja, Robert Guadian, Kristi Noem, Pamela BondiAttorney Nicholas Albert Deuschle added to party Dawn Ceja(pty:res), Attorney Nicholas Albert Deuschle added to party Robert Guadian(pty:res), Attorney Nicholas Albert Deuschle added to party Kristi Noem(pty:res), Attorney Nicholas Albert Deuschle added to party Pamela Bondi(pty:res) (Deuschle, Nicholas) (Entered: 07/08/2025)

NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of Dawn Ceja, Robert Guadian, Kristi Noem, Pamela BondiAttorney Victor William Scarpato, III added to party Dawn Ceja(pty:res), Attorney Victor William Scarpato, III added to party Robert Guadian(pty:res), Attorney Victor William Scarpato, III added to party Kristi Noem(pty:res), Attorney Victor William Scarpato, III added to party Pamela Bondi(pty:res) (Scarpato, Victor) (Entered: 07/08/2025)

MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Temporary Restraining Order by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Deuschle, Nicholas) (Entered: 07/08/2025)

RESPONSE to 16 MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Temporary Restraining Order, 4 MOTION for Temporary Restraining Order filed by Petitioner Hossein Batooie. (Lichter, Laura) (Entered: 07/09/2025)

REPLY to Response to 16 MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Temporary Restraining Order filed by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Scarpato, Victor) (Entered: 07/09/2025)

ORDER. 16 Motion for Extension of Time is GRANTED. Allowing time to obtain the records from the 2004 immigration proceedings will shed necessary light on the facts of the case, including whether an explicit order of removal was issued prior to or in conjunction with the order granting withholding of removal and the country or countries to which the petitioner was ordered removed, if any. See Sangpo v. Mukasey, 264 F. App'x 95, 99 (2d Cir. 2008) ("[W]hen an IJ issues a decision granting an alien's application for withholding of removal without a grant of asylum, the decision must include an explicit order of removal designating a country of removal." (citing In re I-S-, 24 I. & N. Dec. 432 (B.I.A. 2008) ("It is axiomatic that in order to withhold removal there must first be an order of removal that can be withheld."))); Ali v. Beers, 988 F. Supp. 2d 89, 93 & n.4 (D. Mass. 2013) (IJ's grant of withholding of removal necessarily requires determination that alien is deportable, which "is equivalent to an order of deportation," "despite failing to check the box that 'respondent was ordered removed'"). Such facts are relevant to the petitioner's likelihood of success on the merits of his habeas petition, which is one of the factors the Court must consider when determining whether grant preliminary injunctive relief. A short delay will not harm or prejudice the petitioner because delaying further consideration of the temporary restraining order will not delay the Court's consideration and adjudication of the habeas petition. Accordingly, good cause exists to extend the respondents' response deadline and continue the evidentiary hearing, and good cause also exists to extend 10 Temporary Restraining Order for an additional fourteen days (i.e., to 7/31/2025). See Fed. R. Civ. P. 65(b)(2) (temporary restraining order expires after fourteen days, but court may "for good cause, extend[] it for a like period" or "a longer extension" to which "the adverse party consents"); Doc. 16 at 5 ("Respondents do not oppose the continued injunctive relief that would be necessitated by their Motion for Extension."). It is therefore ORDERED that the respondents must respond to 4 Motion on or before 7/23/2025; the petitioner may file a reply on or before 7/25/2025; and the hearing set for 7/10/2025 is VACATED and RESET for 7/28/2025 at 01:30 PM in Courtroom A1002 before Judge Daniel D. Domenico. To be clear, the hearing will address whether a preliminary injunction should issue on the same or similar terms as the temporary restraining order that is currently in place, i.e., enjoining the respondents from removing the petitioner from the United States or transferring him out of Colorado during the pendency of the habeas proceedings. See Fed. R. Civ. P. 65(b)(3). If the petitioner wishes the Court to order his release during the pendency of these proceedings, he must file a separate motion. Having reviewed 1 Verified Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE on or before 7/30/2025 why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply on or before 8/6/2025. I note that 28 U.S.C. § 2243's twenty-day time limit for responding to an order to show cause "is subordinate to Habeas Rule 4, which contains no fixed time requirement but instead gives district courts considerable discretion in setting deadlines for responses to habeas petitions." Bradin v. Thomas, 823 F. App'x 648, 656 (10th Cir. 2020). SO ORDERED by Judge Daniel D. Domenico on 7/9/2025. Text Only Entry (dddlc1, ) (Entered: 07/09/2025)

Order on Motion for Extension of Time to File Response/Reply

LETTER re: 10 Temporary Restraining Order,,,, and transfer of Petitioner to Wyoming in violation of the TRO by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 07/19/2025)

ORDER re 20 Letter. The government is ordered to file a response to petitioner's letter before the end of the day today, July 21, 2025. SO ORDERED by Judge Daniel D. Domenico on 7/21/2025. Text Only Entry (dddlc9, ) (Entered: 07/21/2025)

RESPONSE to 20 Letter by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Attachments: # 1 Exhibit 1 - Declaration of R. Transfiguracion)(Deuschle, Nicholas) (Entered: 07/21/2025)

Order

NOTICE re 21 Order by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi (Deuschle, Nicholas) (Entered: 07/22/2025)

RESPONSE to 4 MOTION for Temporary Restraining Order Consenting to Extension of Temporary Restraining Order filed by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Attachments: # 1 Exhibit A - Declaration of Mark Kinsey (with supporting exhibit))(Scarpato, Victor) (Entered: 07/23/2025)

ORDER re 24 Response to Motion for Temporary Restraining Order. Given that the Respondents "consent to the extension of the Temporary Restraining Order pending further order of the Court," Dkt. 24 at 1, and the ongoing need for more information regarding Petitioner's underlying 2004 immigration proceedings, the existing temporary restraining order is extended until further order of the Court. See Fed. R. Civ. P. 65(b)(2) (permitting extension of temporary restraining order exceeding 14 days if "the adverse party consents to a longer extension."). In light of this, the hearing set for 7/28/2025 is VACATED, and the Respondents are reminded that they must SHOW CAUSE on or before 7/30/2025 why the application for a writ of habeas corpus should not be granted. To the extent "Respondents anticipate moving separately for an extension of their time to respond to the Court's Order to Show Cause," Dkt. 24 at 9 n.2, they may do so on or before 7/28/2025. SO ORDERED by Judge Daniel D. Domenico on 7/24/2025. Text Only Entry (dddlc9, ) (Entered: 07/24/2025)

Order

MOTION for Extension of Time to Respond to the Order to Show Cause (ECF No. 19) by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Deuschle, Nicholas) (Entered: 07/28/2025)

ORDER re 26 Motion for Extension of Time. To the extent petitioner wishes to file a response to the respondents' motion for an extension, he may do so before the end of the day today, July 29, 2025. SO ORDERED by Judge Daniel D. Domenico on 7/29/2025. Text Only Entry (dddlc9, ) (Entered: 07/29/2025)

RESPONSE to 26 MOTION for Extension of Time to Respond to the Order to Show Cause (ECF No. 19) filed by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 07/29/2025)

Order

ORDER GRANTING 26 Motion for Extension of Time. It is ORDERED that the respondents must show cause on or before 8/13/2025 why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply on or before 8/20/2025. It is FURTHER ORDERED that the respondents must keep the petitioner fully informed of their efforts to obtain records from the 2004 immigration proceedings and of any current proceedings in immigration court involving the petitioner.-The respondents must serve the petitioner's counsel in this case (by email or any other means to which counsel consents in writing) with: (1) copies of any motions or other documents filed in immigration court by the Government in any case in which the petitioner is a party on the same day such documents are filed; and (2) copies of any orders or other documents issued by the immigration court in any case in which the petitioner is a party within one business day of issuance.-The respondents must also: (1) provide the petitioner's counsel with copies of any past communications with the immigration court or the Executive Office for Immigration Review regarding obtaining records from the 2004 immigration proceedings within one business day of this Order; (2) copy the petitioner's counsel on any future communications with the immigration court or the Executive Office for Immigration Review regarding obtaining records from the 2004 immigration proceedings; (3) provide the petitioner's counsel with copies of any records (whether documents, audio recordings, or otherwise) already obtained from the 2004 immigration proceedings within one business day of this Order; and (4) provide the petitioner's counsel with copies of any further records they obtain from the 2004 immigration proceedings within one business day of obtaining them.-If a privilege, confidentiality obligation, or some other reason prevents the respondents from complying with any of the above, they may file a status report within one business day of this Order explaining why they cannot comply. SO ORDERED by Judge Daniel D. Domenico on 7/31/2025. Text Only Entry (dddlc1, ) (Entered: 07/31/2025)

Order on Motion for Extension of Time to File

STATUS REPORT Regarding Minute Order (ECF No. 29) by Respondents Dawn Ceja, Robert Guadian, Kristi Noem, Pamela Bondi. (Scarpato, Victor) (Entered: 08/01/2025)

ORDER re: 30 Status Report.The requirement that the respondents must serve the petitioner's counsel in this case with copies of documents filed in or issued by the immigration court in any case in which the petitioner is a party applies to: (1) the proceeding filed under A-Number 097-354-973 in the West Los Angeles Immigration Court, and (2) any other immigration-court proceeding in which the petitioner is a party and of which the respondents' counsel in this case are aware or become aware. If the petitioner's counsel's entry of appearance in the West Los Angeles proceeding means that counsel now receives automatic timely notice of documents issued by and communications from the immigration court in that case, the respondents need not serve the petitioner's counsel with duplicative copies of such documents and communications.Absent a request from the petitioner, the respondents need not provide the petitioner with a copy of the A-file. The requirements of this Order and Doc. 29 are reciprocal. The petitioner's counsel must: (1) provide the respondents' counsel in this case with (a) copies of any motions or other documents filed in immigration court by the petitioner on the same day such documents are filed, and (b) copies of any orders or other documents issued by the immigration court in any case in which the petitioner is a party within one business day of issuance, to the extent the respondents' counsel does not already receive automatic timely notice of such documents directly from the immigration court; (2) provide the respondents' counsel in this case with copies of any past communications with the immigration court or the Executive Office for Immigration Review regarding obtaining records from the 2004 immigration proceedings within one business day of this Order; (3) copy the respondents' counsel on any future communications with the immigration court or the Executive Office for Immigration Review regarding obtaining records from the 2004 immigration proceedings; (4) provide the respondents' counsel with copies of any records already obtained from the 2004 immigration proceedings within one business day of this Order; and (5) provide the respondents' counsel with copies of any further records they obtain from the 2004 immigration proceedings within one business day of obtaining them.To the extent that either side is unable to comply with the directives in this Order and Doc. 29, whether due to some privilege or confidentiality obligation, the need for more than one business day to comply in certain circumstances, or some other reason, it must promptly notify counsel for the other side. The parties must then confer or make reasonable, good-faith efforts to confer to resolve any disputed matter, and if the parties are unable to resolve the dispute, they must contact the chambers of the assigned magistrate judge in accordance with the District of Colorado Uniform Civil Practice Standards of the United States Magistrate Judges. Similarly, should either side request further sharing of records, whether through a formal discovery request or otherwise (e.g., should the petitioner request a copy of the A-file), the parties must meet and confer to resolve any dispute regarding the request and contact the chambers of the assigned magistrate judge if they are unable to resolve it.SO ORDERED by Judge Daniel D. Domenico on 8/7/2025. Text Only Entry (dddlc1, ) (Entered: 08/07/2025)

Order

ORDER re: Substitution of Parties. Pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of Court is DIRECTED to substitute Juan Baltazar, in his official capacity as Warden, Aurora ICE Processing Center, in place of Respondent Dawn Ceja. SO ORDERED by Judge Daniel D. Domenico on 8/13/2025. Text Only Entry (dddlc1, ) (Entered: 08/13/2025)

ANSWER to Complaint by Juan Baltazar, Robert Guadian, Kristi Noem, Pamela Bondi.(Scarpato, Victor) (Entered: 08/13/2025)

Order

REPLY to Response to Order to Show Cause by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 08/20/2025)

LETTER Brief Regarding Respondents' Violation of Order Regarding Disclosures, ECF No. 29 by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 08/22/2025)

ORDER re: 35 Letter Brief filed by Hossein Batooie. The petitioner is directed to contact the chambers of the assigned magistrate judge in accordance with the District of Colorado Uniform Civil Practice Standards of the United States Magistrate Judges regarding the issues raised in his letter. SO ORDERED by Judge Daniel D. Domenico on 8/25/2025. Text Only Entry (dddlc1, ) (Entered: 08/25/2025)

STATUS REPORT by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Pamela Bondi. (Attachments: # 1 Exhibit 1 - Order of the Immigration Judge)(Deuschle, Nicholas) (Entered: 08/25/2025)

ORDER re: 37 Status Report. The respondents may file a supplemental brief not to exceed 2,700 words on or before 9/8/2025 addressing how the 8/21/2025 order from the immigration court impacts their arguments in opposition to the petitioner's application for a writ of habeas corpus. The petitioner may file a response not to exceed 2,700 words on or before 9/22/2025. SO ORDERED by Judge Daniel D. Domenico on 8/25/2025. Text Only Entry (dddlc1, ) (Entered: 08/25/2025)

Order

BRIEF re 38 Order, Supplemental Response to Order to Show Cause by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Pamela Bondi. (Deuschle, Nicholas) (Entered: 09/08/2025)

MINUTE ORDER Per the request of the parties, the Court sets a Discovery Hearing on 10/2/2025 at 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 9/29/2025, the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov a brief joint statement that sets forth the issues to be resolved by the Court and the parties' respective positions on each issue. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/19/2025. Text Only Entry (stvlc6, ) (Entered: 09/19/2025)

Minute Order

BRIEF re 38 Order, Reply to Respondents' Supplemental Response (ECF 39) to Order to Show Cause (ECF 19) by Petitioner Hossein Batooie. (Barr, Mark) (Entered: 09/22/2025)

Unopposed MOTION to Vacate Discovery Dispute Hearing Due to Lapse in Congressional Appropriations by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Pamela Bondi. (Attachments: # 1 Proposed Order (PDF Only))(Scarpato, Victor) (Entered: 10/01/2025)

ORDER REFERRING MOTION: 42 Unopposed Motion to Vacate Discovery Dispute Hearing Due to Lapse in Congressional Appropriations filed by Kristi Noem, Juan Baltazar, Robert Guadian, Pamela Bondi. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 10/1/2025. Text Only Entry (dddlc1, ) (Entered: 10/01/2025)

ORDER granting 42 Unopposed Motion to Vacate. The Court RESETS the Discovery Hearing set in this case for 10/20/2025 at 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 10/15/2025, the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov a brief joint statement that sets forth the issues to be resolved by the Court and the parties' respective positions on each issue. If the parties are not available at this new time, they are directed to jointly contact Chambers at 303-335-2365 to identify an appropriate time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/1/2025. Text Only Entry(stvlc6, ) (Entered: 10/01/2025)

Order Referring Motion

Order on Motion to Vacate

MINUTE ENTRY for Discovery Hearing held before Magistrate Judge Scott T. Varholak on 10/20/2025. Discovery Hearing set for 10/27/2025 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A402. (schap, ) (Entered: 10/20/2025)

Protective Order

Protective Order

Order Referring Motion

Order on Motion for Protective Order

Order