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Tag: Habeas Corpus

ICE detention cases are surging in Colorado. The DOJ keeps losing the legal fight.
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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....
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Lone Colorado Judge Sides With Government On Immigration Custody Rules
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Colorado Politics, Approved, State

Lone Colorado Judge Sides With Government On Immigration Custody Rules

By Michael Karlik | Colorado Politics Chief Judge Daniel D. Domenico broke with his peers on Colorado’s U.S. District Court last week in siding with the government’s argument about the broad scope of its immigration detention authority. In an April 15 order finding that a man was properly in custody without a bond hearing, Domenico acknowledged his view is the outlier locally and nationally. “The majority of district courts, including all of the judges in this District who have addressed the issue, have found that detention of noncitizens similar to the petitioner under (the mandatory detention provision) is improper,” wrote Domenico, a first-term appointee of President Donald Trump. “There are legitimate arguments on both sides.” Beginning last year, ...
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Colorado Federal Judges Hold Line On Immigration Detention Limits Despite Fifth Circuit Ruling
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Colorado Politics, Approved, State

Colorado Federal Judges Hold Line On Immigration Detention Limits Despite Fifth Circuit Ruling

By Michael Karlik | Colorado Politics Colorado’s federal judges are maintaining their view that the government’s assertion of broad immigration detention authority is unlawful, casting aside a recent appellate decision to the contrary as “unpersuasive” and out of step with the predominant interpretation by the judiciary. However, several judges are speaking out forcefully about the behavior from the government, including missed deadlines, violations of orders, and potential constitutional problems. Beginning last year, a wave of “habeas corpus” cases flooded Colorado’s U.S. District Court, pushing annual civil filings to more than 4,000 for seemingly the first time. Largely, the petitions challenging immigration detention stem from the federal government’s interpr...
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What Colorado redacted from a federal prison letter—and why it matters
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Rocky Mountain Voice, State, Top Stories

What Colorado redacted from a federal prison letter—and why it matters

By Jen Schumann | Rocky Mountain Voice The state confirmed it received a request from the Bureau of Prisons regarding the transfer of former Mesa County Clerk Tina Peters to federal custody. What the public has not been allowed to see is why the federal government made it in the first place. Colorado released a copy of the Bureau of Prisons letter earlier this month, but only after heavily redacting its substance. State officials said releasing the withheld information would be “contrary to the public interest.” The redactions removed nearly every explanation the federal government provided for why it sought custody at all. An unredacted version of the same letter, reviewed by Rocky Mountain Voice, tells a more complete and more consequential story. ...
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Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines
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Rocky Mountain Voice, State, Top Stories

Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines

By Jen Schumann | Rocky Mountain Voice Attorney John Case, who represents former Mesa County Clerk Tina Peters, has sent an open letter to Colorado Gov. Jared Polis and Secretary of State Jena Griswold urging the state to immediately discontinue electronic voting systems and return to in-person, hand-counted paper ballots. Case’s letter, dated October 21, outlines a series of concerns about the Dominion voting software used in 60 counties. It cites sworn testimony from two former Venezuelan election insiders who claim Dominion’s systems share code and design elements with Smartmatic software previously used in Venezuela—software the witnesses allege was developed to ensure predetermined outcomes. According to the letter, those sworn statements were part of federal court filings in...
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Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing
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Rocky Mountain Voice, State, Top Stories

Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing

By Jen Schumann | Rocky Mountain Voice After more than four years of courtroom battles and appeals, former Mesa County Clerk Tina Peters’ fight now hinges on a single federal question: whether Colorado courts violated her constitutional rights by denying her bond pending appeal.  The Oct. 16 motions hearing was part of a broader federal proceeding stemming from Peters’ Application for a Writ of Habeas Corpus filed in February. That petition asks the U.S. District Court to determine whether her ongoing detention violates the Constitution. It argues that the state’s denial of bail pending appeal punished Peters for her speech, violated her First and Fourteenth Amendments, and ignored the federal obligations that she says guided her actions as Mesa County Clerk under the Supremacy ...
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Peters Claims First Amendment Rights Violated in Bond Denial
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State, Approved, The Daily Sentinel

Peters Claims First Amendment Rights Violated in Bond Denial

By Sam Klomhaus | The Daily Sentinel Attorneys for former Mesa County Clerk Tina Peters argued in a briefing filed Tuesday that Peters’ has been prosecuted in violation of her First Amendment right, and that a federal court is allowed to grant her request for bail pending appeal. The filing asks for Peters to be released from custody. She is serving a nine-year sentence at the La Vista Correctional Facility in Pueblo. Peters was convicted of three counts of attempting to influence a public servant, one count of conspiracy to commit criminal impersonation, one count of official misconduct and one count of failure to comply with the secretary of state, and sentenced to nine years of incarceration in October 2024 after she was accused of allowing an unauthorized person to enter a sec...
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Tina Peters Launches Legal Fight for Freedom in Colorado Courtroom
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Local, Approved, National File

Tina Peters Launches Legal Fight for Freedom in Colorado Courtroom

By Ally Rose | National File Tina Peters’ Latest Bid For Freedom Began in Colorado Courthouse Last Week. Last Tuesday, the Tina Peters saga continued in a Colorado courthouse as lawyers went before the United States Tenth Circuit District Court of Colorado Chief Magistrate Judge Scott T. Varholak. In front of a packed courtroom, the lawyers for the former Mesa County Clerk were poised to argue for the release of Ms. Peters at the habeas corpus hearing. Readers will remember that last year, Tina Peters was convicted of seven of the ten charges she faced, with the most serious convictions being three counts of attempting to influence a public servant and one count of conspiracy to commit criminal impersonation. Her sentence by District Judge Matthew Barrett raised eyebrows thr...
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Sullivan: Ticktin’s legal maneuver revives Tina Peters’ constitutional challenge
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Gateway Pundit, Approved, Commentary, National

Sullivan: Ticktin’s legal maneuver revives Tina Peters’ constitutional challenge

By Jason Sullivan | Commentary, The Gateway Pundit What was expected to be the quiet dismissal of Tina Peters’ federal habeas petition — challenging a state court ruling that denied her bond — became one of the most dramatic legal turnarounds in recent memory, as Trump attorney Peter Ticktin and his team delivered a precise, devastating First Amendment argument that stopped the court in its tracks. The federal court in Colorado — now entertaining jurisdiction under a habeas corpus petition — has formally agreed to receive refined constitutional arguments by this Friday, July 25, focused exclusively on whether Tina Peters is being unlawfully imprisoned for her political speech — a violation of her First Amendment rights that, if confirmed, could result in her immediate release on bond...
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Flawed filing stalls Peters’ release bid as DOJ weighs in and President Trump demanding action
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Approved, coloradopolitics.com, State

Flawed filing stalls Peters’ release bid as DOJ weighs in and President Trump demanding action

By Michael Karlik | Colorado Politics A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office's voting equipment. She is currently serving a nine-year sentence of incarceration. While the state's Court of Appeals reviews her conviction, Peters has filed a federal petition for "habeas corpus," a legal tool used to challenge one's confinement. Specifically, Peters is seeking to be released on bond while her appeal moves forward in state court. In a May 5 order, Chief U.S. Magistrate Judge Scott T. Varholak identified a problem with the petition....
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