Rocky Mountain Voice

Tag: Equal Access To Justice Act

Tenth Circuit strikes down DOJ detention theory, ruling affects Colorado courts
Rocky Mountain Voice, State, Top Stories

Tenth Circuit strikes down DOJ detention theory, ruling affects Colorado courts

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Rigoberto Santillan Quiroz entered the United States without inspection in 2006.  ICE arrested him at a traffic stop on November 2, 2025 and initiated removal proceedings on the ground that he entered without admission or parole.  His federal habeas petition, filed in the Western District of Oklahoma, became Quiroz v. Mullin.  On June 30, the Tenth Circuit ruled in his favor, covering six states and striking down the theory behind 722 such petitions filed in Colorado in 2026 through June 15. What the court decided Judges Federico, Bacharach, and Ebel produced a 48-page unanimous opinion, with Federico authoring.  The government's theory rested on §1225(b)(2)(A) of the Immigration and National...
ICE detention cases are surging in Colorado. The DOJ keeps losing the legal fight.
Rocky Mountain Voice, State, Top Stories

ICE detention cases are surging in Colorado. The DOJ keeps losing the legal fight.

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Five people filed habeas corpus petitions challenging their Immigration and Customs Enforcement detention in all of Colorado federal court in 2024. One hundred five filed in 2025. Through June 15th of this year, 722 have filed, and the pace has held at more than 150 a month since March. Every one of those cases carries attorney fee exposure when the government loses. Of the cases resolved on the core detention question so far — spanning late 2025 and 2026 — Colorado judges granted the petition 248 times. Only one judge, Chief Judge Daniel Domenico, has ruled for the government on the merits — and he has done so repeatedly. And the same Justice Department that keeps losing keeps defending the legal theory behind the cases....