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...