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Habeas Corpus - Alien Detainee | Colorado
Judgment - Clerk
FINAL JUDGMENT by Clerk in favor of George Valdez, Juan Baltazar, Markwayne Mullin, Todd Blanche against Aleksejs Jefremovs entered by Chief Judge Daniel D. Domenico on 8/24/2026. (rkeec)
Order
ORDER re: 29 and 31 Status Reports and 32 Response.The respondents report that on 8/11/2026, the petitioner was provided with an informal interview pursuant to 8 C.F.R. § 241.4(l)(1). Doc. 29 . The petitioner acknowledges that he was afforded an informal interview with his counsel present, and that his counsel was notified four calendar days and two business days in advance of the interview. Doc. 32 at 2. Although the respondents did not strictly comply with the Court's order to provide three business days' notice, Doc. 28, I find that the interview sufficiently complied with 8 C.F.R. § 241.4(l)(1). See Doc. 20 at 10-11 (finding respondents cured their initial failure to notify petitioner of reasons for revocation of his release); Doc. 11-1 at 4 (release was revoked "because the purpose of release had been served and it is appropriate to enforce the order of removal"); 8 C.F.R. § 241.4(l)(2)(i), (iii). Because the petitioner was not released from custody following the informal interview, the respondents are now obligated to schedule the Headquarters Post-Order Detention Unit review process as set forth in 8 C.F.R. § 241.4(c)(2), (i), (k)(2), and (l)(3).The respondents further report that "the Latvian Embassy has indicated that a travel document for Petitioner should be issued the week of August 17, 2026," and "[t]he Petitioner is tentatively scheduled for removal the week of September 7, 2026." Doc. 31 at 2. This confirms the Court's previous finding that "the respondents have responded with evidence sufficient to show that the petitioner is likely to be removed in the reasonably foreseeable future," and because "Latvia appears to be an appropriate country of removal, and the petitioner's removal to that country is reasonably foreseeable . . . his continued detention is authorized under [8 U.S.C. §] 1231(a)(6) and Zadvydas." Doc. 20 at 7-10 (citing Zadvydas v. Davis, 533 U.S. 678 (2001)). Accordingly, except to the extent stated in 20 Order Granting in Part Writ of Habeas Corpus, 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITHOUT PREJUDICE, and the Clerk of Court is DIRECTED to enter final judgment and close this case.If the petitioner is not removed in September as anticipated and circumstances change such that his removal is no longer reasonably foreseeable, he may file a new habeas application.SO ORDERED by Chief Judge Daniel D. Domenico on 8/24/2026. Text Only Entry. (rkeec)
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