Jean-Georges v. Baltazar et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 26-cv-04737-PAB
ADIDE JEAN-GEORGES,
Petitioner,
v.
JUAN BALTAZAR, Warden, Denver Contract Detention Facility, Aurora, Colorado,
GEORGE VALDEZ, Acting Field Office Director, Denver Field Office, Immigration and
Customs Enforcement,
DAVID J. VENTURELLA, Acting Director, Immigration and Customs Enforcement,
MARKWAYNE MULLIN, Secretary, United States Department of Homeland Security,
and
TODD BLANCHE, United States Attorney General,
Respondents.
ORDER
This matter comes before the Court on petitioner Adide Jean-Georges’ Renewed
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Emergency
Request for Release or a New Constitutionally Adequate Bond Hearing [Docket No 1].1
Respondents have filed a response. Docket No. 9.
I. 	BACKGROUND 2
Petitioner is a native and citizen of Haiti. Docket No. 1 at 4, ¶ 1. On or about
February 19, 2025, Immigration and Customs Enforcement (“ICE”) detained
1 The Court must construe the application and other papers filed by petitioner liberally
because he is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519,
520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the
Court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110.
2 The following facts are undisputed unless otherwise noted.
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petitioner. Id., ¶ 3. On May 15, 2026, petitioner, then represented by counsel, filed a
habeas petition before the Court, challenging the legality of his detention.3 Id., ¶ 5;
Jean-Georges v. Baltazar, 26-cv-02102 (Jean-Georges I), Docket No. 1. In Jean-
Georges I, petitioner stated that Customs and Border Patrol (“CBP”) paroled
petitioner into the United States on August 15, 2023. Jean-Georges I, Docket No. 1
at 2, ¶ 1. After issuing petitioner a Notice to Appear charging him as inadmissible
under 8 U.S.C. § 1182(a)(7)(A)(i)(I), petitioner was released into the United States
and complied with ICE supervision. Id., ¶¶ 1-2. Petitioner brought claims that his
detention was governed by 8 U.S.C. § 1226(a) and that his detention violated due
process. Id. at 15-21, ¶¶ 70-90. On May 27, 2026, the Court granted the habeas
petition on the § 1226(a) claim and ordered respondents to provide petitioner with a
bond hearing. Jean-Georges I, Docket No. 10 at 5. Because the Court granted the
habeas petition on the § 1226(a) claim, the Court did not analyze petitioner’s due
process claims. Id. at 4 n.2. Petitioner was denied bond at his bond hearing. Jean-
Georges I, Docket No. 11.
On September 24, 2026, petitioner, proceeding pro se, filed a new habeas
petition in this case. Docket No. 1. Petitioner states that he has now been detained
for approximately 18 months and that his detention violates his due process rights.
3 The Tenth Circuit has “held that a court may, Sua sponte, take judicial notice of its own
records and preceding records if called to the court’s attention by the parties.” St. Louis
Baptist Temple, Inc. v. Fed. Deposit Ins. Corp., 605 F.2d 1169, 1172 (10th Cir. 1979)
(citation omitted); see also Guttman v. Khalsa, 669 F.3d 1101, 1127 n.5 (10th Cir. 2012)
(“we may take judicial notice of public records, including district court filings.”) (citation
omitted). Both parties have called petitioner’s previous case to the Court’s attention.
Docket No. 1 at 4, ¶ 5; Docket No. 9 at 2. Therefore, the Court takes judicial notice of
the filings in Jean-Georges I.
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Id. at 4-5, ¶¶ 6, 10-14. On October 5, 2026, respondents filed a response indicating
that they “are not submitting a brief in opposition to the Petition.” Docket No. 9 at 2.
II. 	ANALYSIS
Because petitioner was denied bond and has now been detained for over 18
months, the Court finds it appropriate to address petitioner’s due process claim. In
Jean-Georges I, petitioner noted that he was paroled into the United States after
being issued a Notice to Appear. Jean-Georges I, Docket No. 1 at 2, ¶ 1.
Respondents did not dispute that assertion in response to the habeas petition in
Jean-Georges I and do not dispute that assertion in response to the habeas petition
in the instant case. See generally Jean-Georges I, Docket No. 9; Docket No. 9.
When a noncitizen is paroled into the United States, “[p]arole shall be
automatically terminated without written notice (i) upon the departure from the United
States of the [noncitizen], or, (ii) if not departed, at the expiration of the time for which
parole was authorized.” 8 C.F.R. § 212.5(e)(1). Respondents do not assert that
petitioner departed from the United States or that petitioner’s parole expired. Thus, 8
C.F.R. § 212.5(2)(i) requires that petitioner’s parole to be terminated “upon written
notice to the [noncitizen].” Respondents do not assert that they provided petitioner
with written notice of the termination of his parole. Thus, given that respondents do
not assert that they adhered to federal regulations in revoking petitioner’s parole, the
Court finds that petitioner’s parole was improperly revoked. “Courts across the
country routinely hold that ICE violating its own regulations in detaining an individual
is a due process violation, and this violation makes the detention unlawful and the
proper remedy is release.” Saroyan v. Baltazar, No. 26-cv-01772-NYW, 2026 WL
2137149, at *3 (D. Colo. July 24, 2026) (citing Olivera-Martinez v. Valdez, No. 26-cv-
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01120-NYW, 2026 WL 1361538, at *3 (D. Colo. May 15, 2026)) (collecting cases).
Therefore, the Court will grant the habeas petition and order petitioner’s release from
custody.
CONCLUSION
Therefore, it is
ORDERED that petitioner Adide Jean-Georges’ Renewed Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Emergency Request for Release or
a New Constitutionally Adequate Bond Hearing [Docket No 1] is GRANTED. It is further
ORDERED that respondents shall release petitioner from custody within 48
hours of the issuance of this order. It is further
ORDERED that respondents shall file a status report within four days of the
issuance of this order confirming that petitioner was released from custody.
DATED October 13, 2026.
BY THE COURT:
_____________________
PHILIP A. BRIMMER
United States District Judge
____	_________	__	__	___	___	__	__	_______	__	___	___________	__	_____ ______	______________	___	______________	______________ _____________
PHILIP A BRIMMER	R
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