The order addresses a petition for a writ of habeas corpus filed by Emilio Enrique Perez Carmona, a citizen of Mexico who has resided in the United States for 26 years. Perez Carmona was taken into ICE custody on January 26, 2026, and named Juan Baltazar, Todd Lyons, Markwayne Mullin, and Todd Blanche as respondents in their official capacities.
Although an immigration judge granted Perez Carmona release on bond on March 4, 2026, he remains detained because the Department of Homeland Security filed an EOIR-43 and appealed the bond grant to the Board of Immigration Appeals.
Perez Carmona argues that his continued detention violates the Immigration and Nationality Act, the Administrative Procedure Act, and his substantive and procedural due process rights under the Fifth Amendment. He seeks a court order requiring respondents to release him from detention within 24 hours.
In the April 16 order, Judge Wang concluded that good cause exists to enter an order preserving the court’s jurisdiction under the All Writs Act. The court cited Supreme Court precedent recognizing that lower courts may issue temporary injunctions to protect the status quo or their own jurisdiction.
Pursuant to the All Writs Act, the court ordered that respondents shall not remove Perez Carmona from the District of Colorado or the United States unless or until the court or the Tenth Circuit vacates the order.
The court also directed Perez Carmona to serve respondents with a copy of the petition and this order by email and overnight mail on or before April 21, 2026. Proof of service must be filed by April 23, 2026.
Respondents have seven days from service to show cause why the petition should not be granted. Any reply must be filed no later than seven days after the response is filed.