Summary
The United States District Court for the District of Colorado grants Respondents’ request to modify a prior order concerning conditions of supervision, while leaving intact the order requiring Petitioner’s release from detention. The Court orders Petitioner’s immediate release, or release within 48 hours, subject to reasonable conditions under 8 U.S.C. § 1231(a)(3), and requires Respondents to file a compliance report. The Court also limits any future re-detention absent clear and convincing evidence at a pre-deprivation bond hearing that Petitioner is a flight risk or danger to the community.
Court
United States District Court for the District of Colorado
Jurisdiction
United States District Court for the District of Colorado
Decision date
June 4, 2026
Docket number
1:26-cv-01922-CNS
Disposition
other
Questions Presented
- Whether Respondents could obtain relief from the prior order's prohibition on imposing additional conditions of supervision upon Petitioner's release.
- Whether Petitioner could be released from immigration detention subject to reasonable conditions of supervision under 8 U.S.C. § 1231(a)(3).
- What procedural and evidentiary requirements govern any future re-detention of Petitioner.
Holdings
- After the applicable ninety-day removal period has passed, a person with a final order of removal may be released subject to reasonable conditions of supervision, including conditions authorized by 8 U.S.C. § 1231(a)(3).
- Respondents were entitled to relief from the portion of the prior order prohibiting additional conditions of supervision beyond those applicable before Petitioner's recent detention.
- Respondents were enjoined from re-detaining Petitioner unless, at a pre-deprivation bond hearing, they demonstrated by clear and convincing evidence that Petitioner was a flight risk or danger to the community such that physical custody was legally justified.
Court Document
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