Michael Karlik

MINUTE ORDER re: The Court has reviewed petitioner's 18 MOTION to Enforce 14 Order,,,,, filed by Deonicio Castillo Cabral this morning (March 6, 2026) at 9:58 a.m. The motion asks the Court to find that an ICE order requiring petitioner to appear at an agnecy office in Centennial, Colorado on March 10, 2026 between 8:00 a.m. and 3:00 p.m. for a "Check-In and Case Review" violates its Order. Petitioner argues that this was not a condition imposed by the Immigration Judge and therefore is contrary to this Court's order that ICE "SHALL NOT impose additional release conditions other than those ordered by the Immigration Judge." The motion relates that counsel have conferred, but that respondents oppose the motion. If the government wishes to make an argument as to why the new ICE condition does not violate the Court's Order, the argument must be made no later than 10:00 a.m. on March 9. 2026. by Judge R. Brooke Jackson on 3/6/2026. Text Only Entry (rbjlc9, ) (Entered: 03/06/2026)

Senior Judge R. Brooke Jackson of Colorado will evaluate whether ICE requiring a man to attend a "check-in and case review" violates his order to the extent that it's a condition of release not imposed by an immigration judge:

Although the 10th Circuit now has a seemingly clear rule – that prisoners have to show how their rights are still being violated post-transfer – it’s completely unclear why it treated these two plaintiffs differently on appeal, when they both communicated the same message to the court.

So, how did the 10th Circuit reconcile its about-face this week in the case of plaintiff Rodney Eaves? It said that Eaves’s statement illustrated “a cognizable danger of recurrent violation” in his new prison. *But so did Bacote’s statement.* The circuit just refused to consider it.

10th Circuit opens door wider for courts to dismiss prisoners' civil rights lawsuits The federal appeals court based in Denver made it easier on Tuesday for prison officials to defeat lawsuits from incarcerated plaintiffs by moving them to a different facility outside a circuit court’...

Two years ago, the 10th Circuit reached the opposite outcome in a very similar set of circumstances. The panel refused to consider plaintiff Michael Bacote’s statement on appeal describing how his rights were still being violated at the new facility...
www.coloradopolitics.com/2024/03/07/1...

This week, the 10th Circuit let an incarcerated plaintiff continue suing Colorado’s governor even though he transferred prisons during his lawsuit. The panel relied on the man’s statement that his rights were still being violated.

Sounds reasonable, except…
www.coloradopolitics.com/2026/03/06/1...

A man convicted of vehicular homicide in Douglas County will get a new trial, after the Court of Appeals determined jurors should have been instructed that they could acquit the defendant if they believed the victim's extreme intoxication caused her death:
www.coloradopolitics.com/2026/03/05/a...

The Court does not doubt that extended periods of solitary confinement may constitute extraordinary and compelling circumstances in certain situations. Platt, however, does not supply sufficient facts or develop any argument as to why his personal circumstances, in combination with his prolonged solitary confinement, constitute extraordinary and compelling circumstances. At most, he says that he “has completed many classes over his tenure at the Administrative Maximum Facility . . . .” (ECF No. 75 at 4.) This is simply not enough to show extraordinary and compelling circumstances. And for the Government’s part, it points out that Platt “slashed a correctional officer’s left arm with a razor blade causing a 4-inch laceration that required stitches.” (ECF No. 79 at 6.) Hence, to the extent Platt has been sitting in prolonged solitary confinement, the limited facts the Court has before it suggest that the

3 Should Platt’s prolonged solitary confinement continue, however, the Court would invite him to file another motion, no earlier than July 1, 2026, raising this issue and developing a robust argument in support. In extending this invitation, however, the Court emphasizes that Platt would still need to persuade the Court that a sentence reduction would be consistent with the section 3553(a) factors. Jones, 980 F.3d at 1107. Given Platt’s long and violent criminal history, persuading the Court that these factors are satisfied would be a steep hill to climb.

Senior Judge William Martínez of Colorado declined to reduce the sentence of a defendant who has been in solitary confinement for eight years. Although he said it'll be difficult, he invited the defendant to try again in a few months if nothing changes.

If these prosecutors aren't busy how about they go after some pedophiles

A Denver prosecutor allegedly sought the arrests of 2 witnesses who didn't appear under subpoena on the required date--even though the trial was actually postponed. A federal judge granted qualified immunity, as disobeying the subpoena created probable cause:
www.coloradopolitics.com/2026/03/04/f...

Colorado's judicial discipline commission released its 2025 report. While most of the contents track with an update the legislature received in January, we now know there were 3 judges privately disciplined for losing their composure in the courtroom:
www.coloradopolitics.com/2026/03/04/j...

Outside of the deportation officer’s declaration, which provides no detail as to how or why the check-ins were part of Petitioner’s conditions of release and does not address how the attesting officer became aware of these alleged violations, Respondents provide no evidence or documentation that might suggest either that the check-ins were part of Petitioner’s conditions of release or that Petitioner missed these check-ins. And as Petitioner points out, if Petitioner’s missed check-ins were truly an issue, Respondents logically should have acted to re-detain Petitioner long ago; this greatly increases the likelihood that the stated reason for Petitioner’s redetention was pretextual. Furthermore, the court notes there is no suggestion here that Petitioner

ICE arrested a man allegedly after he missed 11 biometric check-ins. Magistrate Judge Susan Prose of Colorado ordered him released today, and openly questioned why ICE waited so long to act if that truly was the reason for detention.

A man with the government has been at the last two hearings relating to the contempt claim. Both times, he sat in the section of the courtroom open only to parties and counsel. Although not at counsel’s table, Littman and Jean Lin, the other Justice Department lawyer present at both hearings, has repeatedly consulted with him during both hearings. After today’s hearing — and after not being able to figure out for myself who he was after the last hearing — I asked him who he was. I had my press pass visibly displayed and identified myself as a reporter. He said he didn’t want to do that. I suggested that he must be a government official or employee, sitting where he was, and, if so, I asked incredulously if he really was not going to tell a reporter at a hearing who he was. He said no. Then, the people leaving — myself included — got to the elevator. Littman, Lin, mystery man, and two other people sitting with mystery man on the government side of the courtroom during the hearing on Wednesday were getting into the elevator. Some of them were already in the elevator. When I stepped in, mystery man said he would wait for the next elevator. Everyone else then got out of the elevator. Left in the elevator alone, I looked at these five adults — all of whom I believe have to be government employees, hence, paid by the public and allegedly working for the public — and was some combination of bemused and appalled. “You are all ridiculous,” I simply said. The door closed.

And, the story of the mystery man.

www.lawdork.com/p/lamberth-c...

Senior Judge William Martínez of Colorado is now explicitly telling ICE that they can't impose further monitoring restrictions on people if an immigration judge deems them suitable for release on bond:

https://tinyurl.com/covering-courts

One more week until the Covering the Courts webinar, where legal affairs journalists and judges will provide tips about reporting on the law, the judiciary and the court system. It's free! Register at tinyurl.com/covering-cou.... Speakers include @mjsdc.bsky.social, @nateraymond.bsky.social and me.

I would not like to be the lawyer who defied Brooke Jackson. He is incredibly formidable.

Colorado Supreme Court signals intervention in dispute over treatment for trans children The Colorado Supreme Court ordered Children's Hospital Colorado on Tuesday to explain why it should not direct the organization to resume providing certain types of care to transgender children in com...

NEW: The Colo. Supreme Court has ordered Children's Hospital Colorado to explain why it shouldn't direct the hospital to continue providing gender-affirming care to trans children. A Denver judge previously rejected an injunction to avoid federal retaliation:
www.coloradopolitics.com/2026/03/03/c...

It isn't the only reason, but the fact that they're both facing primary challenges from people who say the senators are too accommodating of Trump makes me think this won't happen.

This is good analysis, but I no longer think Judge Dan Domenico is a viable candidate for the Tymkovich vacancy. I think it'll be someone who works/has worked for Trump in an executive agency. I also believe it would reflect favorably on Domenico in the long run if Trump bypassed him, to be honest.

MINUTE ORDER: The Court has read the parties Joint Status Report as to the Evidentiary Hearing [ECF No. 73]. The central point of contention is whether the upcoming hearing regarding defendants alleged noncompliance with the courts preliminary injunction order should include evidence of arrests where the noncitizen was encountered in the field with no warrant (i.e., they were a "collateral"), and then the ICE or other DHS agent obtained a warrant over the phone or otherwise after they initially stopped them but before they brought them to the field office for processing. Plaintiffs argue that [d]eclining even to allow evidence on this issue would provide a blueprint for Defendants to evade this Courts order and the statute ECF No. 73 at 2. This Court agrees that is a risk. In its PI Order, the Court specifically found that for arrests made without a flight risk assessment, warrants issued after-the-fact do not bring the arrest within the color of law. ECF No. 73 at 5. Plaintiffs allege that is, in effect, what defendants are doing.

Furthermore, if these arrests are, in practice, happening before the field warrant is issued, it raises the question of whether ICE is impermissibly redefining "likelihood of escape" to find probable cause to detain until the warrant is obtained. Therefore, the Court will hear evidence about this alleged practice in order to determine, inter alia: (1) what is actually happening in the course of these so called field warrant arrests; (2) how pervasive this practice is; (3) whether the agency has trained and encouraged its agents to make arrests in this fashion following the Courts order; and (4) how these arrests are being documented. The Court has read and reviewed defendants position that these arrests, if they are happening, are not the appropriate subject of this hearing because, in their view, it would expand the scope of both the plaintiffs case and the Courts order certifying a provisional class and preliminary injunction order. ECF No. 73 at 5-11. The Court is not convinced, at least at this stage and without having heard the evidence or full argument, that the alleged field warrant arrests are so outside the scope of the complaint, the evidence adduced at the PI hearing, and the Court's preliminary rulings, that they are not the proper subject of this case and of a compliance order. By Judge R. Brooke Jackson on 3/2/2026. Text Only Entry (rbjlc9, ). (Entered: 03/02/2026)

Judge Brooke Jackson of Colorado said he'll hear evidence next week that the Department of Homeland Security is violating his preliminary injunction by improperly detaining people, then obtaining a warrant prior to transporting them. He agrees the tactic could be "a blueprint" for evading his order.

I feel like we typically see these sorts of completely outraged opinions from federal judges a couple times a year across the whole country, maybe a little more often in last few years. Now, in cases stemming from Trump's immigration crackdown, judges are ringing the alarm bell several times a week.

Colorado Supreme Court clarifies restraining order violations can always support burglary charge The Colorado Supreme Court's majority ruled on Monday that a violation of a restraining order can always serve as a basis to find a defendant guilty of burglary, as well.

By 5-1, the Colorado Supreme Court ruled that a violation of a restraining order can support a conviction for burglary in every instance, no matter the facts of the particular violation:
www.coloradopolitics.com/2026/03/02/c...

Two months into 2026, here’s where things stand on Trump’s judicial nominations Seven confirmations, 11 lifetime nominations, one hearing, and more.

Happy March!

Two months into the year, it’s worth pausing to assess what’s happened so far in 2026 with respect to Trump’s judicial nominees — and what’s likely to come. nominationnotes.substack.com/p/two-months...

A screenshot of a large group of people facing a heavily damaged building. A few of them are scaling the rubble. A headline reads: "Iran Says Dozens Are Killed in Strike on School" Photo by IRIB TV, via Agence France-Presse

During the U.S.-Israeli attack in Iran on Saturday, dozens of people, most of them likely children, were killed when a strike hit a girls’ elementary school in Minab and a high school in Tehran, according to Iranian health officials, state media and a human rights group. trib.al/y3MsQLC

A United States senator from the president's own party, one who serves on the Select Committee on Intelligence and the Senate Committee on Foreign Relations, has no idea what's going on as America goes to war with Iran.

C. The answer to this case is to KISS: Keep it Simple, Supreme Court

Okay, I'll admit this is pretty clever

SCOTUS whisperer? Justice Carlos Samour may get second opportunity to turn state dissent into national precedent For the second time in two years, Justice Carlos A. Samour Jr. occupies an unusual position: Having his dissent in a Colorado Supreme Court case potentially forming the basis of U.S. Supreme Court pre...

Two years ago, Carlos Samour's dissent in the Trump disqualification case contained an argument SCOTUS used to reverse Colorado's Supreme Court. Now, Samour's dissent in the another case could again fuel the SCOTUS majority. Big exposure for a state justice:
www.coloradopolitics.com/2026/02/26/s...

10th Circuit upholds finding of no misconduct against Colorado federal judge A judicial committee for the Denver-based federal appeals court upheld the chief judge's finding last week that a federal judge in Colorado did not engage in misconduct by handling a civil case involv...

Judge Dan Domenico didn’t commit misconduct by not recusing himself from a lawsuit against Colorado’s judiciary where some of his professional acquaintances are defendants, the 10th Circuit said. Domenico later recused anyway, but defended his relationships:
www.coloradopolitics.com/2026/02/26/1...

The so-called Department of War “will ALWAYS adhere to the law.”

So about those boat strikes…not to mention the fact that the agency’s legally prescribed name is the *Department of Defense.*

Aaaannnnd now we have a criminal appeals lawyer also doing immigration habeas.