Man wrongfully detained after ICE violated probable cause injunction, judge orders release
Aug 20, 2026·Location: CO

Chief Magistrate Judge Scott T. Varholak ordered a habeas petitioner released after finding that ICE agents had violated an injunction issued by Senior Judge R. Brooke Jackson requiring agents to meet probable cause requirements before making warrantless arrests. Varholak wrote that the case was 'one in a series' in which the Department of Homeland Security 'appears to have simply ignored the law and detained an individual in violation of the law,' noting the government could not defend the decision. He set a hearing for September 10 for the government to address its 'apparent repeated violation of the law.'
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