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)

Order

Order on Motion for Extension of Time to File

Order

Order