Nalwamba v. Baltazar
Overview
Overview
A 78-year-old pastor from Uganda won his release from immigration detention after roughly 13 months in a Colorado ICE facility. A federal magistrate judge granted his habeas corpus petition, finding the government could not show his deportation was actually imminent, and ordered him freed. He was released the next day, though his underlying immigration case is not over.
The Facts
The Facts
Edward Nkugwa Kironde Nalwamba, a 78-year-old pastor from Uganda, was held in ICE custody at the GEO Group-operated detention center in Aurora, Colorado. He had been detained for about 13 months and, according to his attorney and news reports, became seriously ill, lost more than 30 pounds, and could no longer walk unassisted. He filed a petition for a writ of habeas corpus in the U.S. District Court for the District of Colorado. The government had repeatedly represented that his removal to Uganda was imminent, and earlier requests for release were denied on that basis, but the deportation did not occur.
The Issue
Issue
Whether the government's continued detention of the petitioner was lawful when it had repeatedly represented that his removal was imminent but had not carried it out, and whether the court should order his release through a writ of habeas corpus.
The Rules
Rule
The Supreme Court held in Zadvydas v. Davis that immigration detention after a final order of removal is limited to the period reasonably necessary to carry out removal. Once removal is no longer reasonably foreseeable, continued detention is not authorized, and a detainee may challenge the lawfulness of that confinement through a petition for a writ of habeas corpus.
The Application
Analysis
Magistrate Judge Cyrus Y. Chung granted the habeas petition on October 19, 2026, concluding that the government had failed to show actionable steps toward the petitioner's removal to Uganda. With removal not reasonably in sight after 13 months of detention, the court ordered ICE to release him. He was released from the Aurora facility on October 20, 2026. According to CBS Colorado, fellow detainees carried him to a waiting vehicle after staff did not allow him to use a wheelchair beyond the facility gate.
The Conclusion
Conclusion
The petitioner was released on October 20, 2026 after the court granted his habeas petition. His underlying immigration case remains unresolved, and his attorney has said ICE could seek to detain him again. The Department of Homeland Security has disputed claims that he was denied medical care.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support