Politics
Federal Prosecutor's Office Ends Habeas Corpus Agreement With Colorado Court
The U.S. Attorney's Office for the District of Colorado has terminated a memorandum of agreement with the federal court that streamlined service and response deadlines for immigration detention habeas petitions. The move, effective for cases filed after October 12, 2026, could slow releases for detained immigrants challenging their custody.
The U.S. Attorney's Office for the District of Colorado has withdrawn from a memorandum of agreement with the U.S. District Court for the District of Colorado that established expedited procedures for handling habeas corpus petitions filed by immigrants challenging their detention. The agreement, signed October 8, 2026, was set to take effect for all such cases filed after October 12, 2026, but the USAO has now terminated it, according to the memorandum.
The agreement had created a streamlined process for service and response in cases brought under 28 U.S.C. § 2241. Under its terms, the court would electronically notify the USAO of a petition, and that notice would constitute proper service on all federal respondents. The USAO would then have seven days to show cause why the petition should not be granted, unless a judge set a different timeline. If the government failed to respond by the deadline, the petitioner would be released from custody within 24 hours, and the government would file a status report within seven days confirming the release.
The termination means those expedited deadlines no longer apply. Immigration attorneys say the agreement had provided a crucial backstop for detained clients, many of whom face prolonged incarceration while their cases proceed. Without it, petitions may face longer processing times and detainees could remain in custody beyond the seven-day response window that the agreement had guaranteed.
The USAO did not publicly explain its decision to withdraw. The memorandum allows either the USAO or the court to terminate the agreement, and it does not specify a reason for termination. The change comes as immigration detention continues to be a contentious issue in Colorado, with advocates raising concerns about conditions and due process for detainees.
Legal observers note that the agreement was unusual in its specificity, setting automatic release deadlines that are not typically codified in federal habeas practice. Its termination returns the district to standard procedures under the federal rules, which do not impose the same strict timelines. For immigrants in detention, the difference could be measured in days or weeks of additional custody.
The court and the USAO will now handle immigration habeas petitions under default rules, unless a new agreement is reached. The termination applies to cases filed after October 12, 2026, meaning petitions filed before that date may still be governed by the agreementâs terms, depending on how the court interprets the effective date.