District of Colorado • 1:25-cv-02205

#1

Jul 18, 2025

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10448512)Attorney Laura Patricia Lunn added to party Dennis Arostegui Maldonado(pty:pet), filed by Dennis Arostegui Maldonado. (Attachments: # 1 Exhibit IJ Decision Granting Relief)(Lunn, Laura) (Entered: 07/18/2025)

#2

Jul 18, 2025

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (echa, ) (Entered: 07/18/2025)

#3

Jul 18, 2025

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) (Entered: 07/18/2025)

#4

Jul 18, 2025

NOTICE re 1 Application for Writ of Habeas Corpus, Civil Cover Sheet by Petitioner Dennis Arostergui-Maldonado (Lunn, Laura) (Entered: 07/18/2025)

#5

Jul 18, 2025

MOTION for Temporary Restraining Order by Petitioner Dennis Arostergui-Maldonado. (Lunn, Laura) (Entered: 07/18/2025)

#6

Jul 18, 2025

Exhibits in Support of 1 Application for Writ of Habeas Corpus, by Petitioner Dennis Arostergui-Maldonado. (Attachments: # 1 Exhibit Evidence packet)(Lunn, Laura) (Entered: 07/18/2025)

#7

Jul 18, 2025

RESTRICTED DOCUMENT - Level 1: Exh 7 & 8 by Petitioner Dennis Arostergui-Maldonado.. (Lunn, Laura) (Entered: 07/18/2025)

#8

Jul 18, 2025

Unopposed MOTION for Leave to Restrict by Petitioner Dennis Arostergui-Maldonado. (Lunn, Laura) (Entered: 07/18/2025)

#9

Jul 21, 2025

NOTICE of Entry of Appearance by Nicholas Moskevich on behalf of Dennis Arostergui-MaldonadoAttorney Nicholas Moskevich added to party Dennis Arostergui-Maldonado(pty:pet) (Moskevich, Nicholas) (Entered: 07/21/2025)

#10

Jul 21, 2025

CASE REASSIGNED. Pursuant to 5 MOTION for Temporary Restraining Order, this case randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-02205-WJM. (Text Only Entry) (sphil, ) (Entered: 07/21/2025)

#11

Jul 21, 2025

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 7/21/2025. Text Only Entry (wjmja, ) (Entered: 07/21/2025)

#12

Jul 21, 2025

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2022 and as they may be amended from time to time), which may be downloaded here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 7/21/2025. Text Only Entry (wjmja, ) (Entered: 07/21/2025)

#13

Jul 21, 2025

ORDER granting 8 Petitioner's Unopposed Motion to Restrict Public Access. Petitioner's Motion is GRANTED for good cause shown. The document filed at ECF No. 7 shall remain RESTRICTED at RESTRICTION LEVEL 1 (viewable only by the Case Participants and the Court) until further order of Court. SO ORDERED by Judge William J. Martinez on 7/21/2025. Text Only Entry(wjmja, ) (Entered: 07/21/2025)

#14

Jul 21, 2025

NOTICE of Entry of Appearance by Nicholas Moskevich on behalf of Dennis Arostergui-Maldonado (Moskevich, Nicholas) (Entered: 07/21/2025)

#15

Jul 21, 2025

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 9 & 14 Notice of Entry of Appearance filed by attorney Nicholas Moskevich. The address must match/be displayed on the Docket Sheet. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (ggill, ) Modified on 7/21/2025 to add ECF Number (ggill, ). (Entered: 07/21/2025)

#16

Jul 21, 2025

NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela BondiAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Robert Guadian(pty:res), Attorney Benjamin Henry Gibson added to party Kristi Noem(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Pamela Bondi(pty:res) (Gibson, Benjamin) (Entered: 07/21/2025)

#17

Jul 21, 2025

ORDER GRANTING IN PART 5 Motion for TRO ("Construed Motion"): The Court HEREBY SETS an evidentiary hearing on that portion of the Construed Motion which seeks a Preliminary Injunction enjoining the removal of Maldonado from the United States, or his transfer to a location outside of the District of Colorado, during the pendency of this action for August 1, 2025 at 9:00 a.m. in Courtroom A801. SO ORDERED by Judge William J. Martinez on 07/21/2025.(wjmlc5, )

Jul 21, 2025

Order on Motion for Leave to Restrict

Jul 21, 2025

Order

Jul 21, 2025

Order Referring Case to Magistrate Judge

#18

Jul 22, 2025

Utility Setting/Resetting Deadlines/Hearings: Text Only Entry per 17 Evidentiary Hearing set for 8/1/2025 at 9:00 AM in Courtroom A 801 before Judge William J. Martinez. (wjmja, ) (Entered: 07/22/2025)

#19

Jul 22, 2025

ORDER. This matter is before the Court on Petitioner Dennis Arostegui-Maldonado’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241 (ECF No. 1 .) Respondents are ORDERED to show cause why Petitioner should not be forthwith released from detention on or before August 11, 2025. Petitioner shall file a reply on or before August 25, 2025. SO ORDERED by Judge William J. Martinez on 07/22/2025. Text Only Entry (wjmlc5, ) (Entered: 07/22/2025)

#20

Jul 22, 2025

ORDER. This matter is before the Court on Petitioner Dennis Arostegui-Maldonado’s Motion for Temporary Restraining Order (ECF No. 5 ), which the Court has construed as a motion for both a Temporary Restraining Order (“TRO”) and a Preliminary Injunction (“Construed Motion”). (See ECF No. 17 .) Specifically, the Court now addresses those portions of Petitioner’s Construed Motion seeking “injunctive relief compelling Respondents to grant his immediate release, or to afford him a constitutionally adequate bond hearing within seven days.” (ECF No. 5 at 2.) The purpose of a TRO is to “preserv[e] the status quo and prevent[] irreparable harm just so long as is necessary to hold a [preliminary injunction] hearing, and no longer.” Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Local No. 70 of Alameda Cnty., 415 U.S. 423, 439 (1974). It is sometimes issued when the opposing party has actual notice of the motion. See 11A Charles Alan Wright et al., Federal Practice & Procedure § 2951 (3d ed., Apr. 2016 update) (TRO “may be issued with or without notice to the adverse party”). However, given the need for a harm so urgent and irreparable that a decision must be made before a hearing can be held, the primary purpose of the TRO is to grant short-term ex parte relief. See Fed. R. Civ. P. 65(b) (describing prerequisites of ex parte TRO). In light of Respondents’ appearance in the case, the Court will DENY those portions of the Construed Motion seeking a TRO as referenced above, and instead direct an expedited briefing schedule on: 1) Petitioner’s request for preliminary injunctive relief compelling Respondents to grant his immediate release, or in the alternative, 2) to afford him a constitutionally adequate bond hearing within seven days. Respondents shall file a response to these specific portions of the Construed Motion by no later than July 24, 2025. Petitioner shall file a similarly-specific reply by no later than July 28, 2025. Upon receipt of Petitioner’s reply brief, the Court will consider the necessity of a hearing on these portions of the Construed Motion. For clarity, this briefing shall remain separate from the briefing ordered in the Court’s Order at ECF No. 17 . SO ORDERED by Judge William J. Martinez on 07/22/2025. Text Only Entry (wjmlc5, ) (Entered: 07/22/2025)

#21

Jul 22, 2025

Utility Setting Deadline: Show Cause Response due by 8/11/2025. (Text Only Entry) (ggill, ) (Entered: 07/22/2025)

Jul 22, 2025

Order

#22

Jul 23, 2025

File Excess Pages

#23

Jul 23, 2025

ORDER granting the Respondents' Unopposed Motion for Leave to File Excess Pages 22 . Respondents' Motion is GRANTED for good cause shown. Respondents are granted leave to file their Response to Petitioner's Motion for a Temporary Restraining Order (ECF No. 5), as required in the Court's order at ECF No. 20, not to exceed 20 pages, exclusive of attorney signature block and certificate of service. SO ORDERED by Judge William J. Martinez on 7/23/2025. Text Only Entry(wjmja, ) (Entered: 07/23/2025)

Jul 23, 2025

Order on Motion for Leave to File Excess Pages

#24

Jul 24, 2025

RESPONSE to 5 MOTION for Temporary Restraining Order Regarding Request for Immediate Release or a Bond Hearing filed by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Attachments: # 1 Exhibit A - Declaration of I. Quinones)(Gibson, Benjamin) (Entered: 07/24/2025)

#25

Jul 25, 2025

NOTICE of Entry of Appearance by Thomas P. Johnson on behalf of Dennis Arostergui-MaldonadoAttorney Thomas P. Johnson added to party Dennis Arostergui-Maldonado(pty:pet) (Johnson, Thomas) (Entered: 07/25/2025)

#26

Jul 25, 2025

RESPONSE to 5 MOTION for Temporary Restraining Order Regarding Transfer Outside the District of Colorado filed by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Attachments: # 1 Exhibit A - Decl. of I. Quinones)(Gibson, Benjamin) (Entered: 07/25/2025)

#27

Jul 28, 2025

REPLY to Response to 5 MOTION for Temporary Restraining Order filed by Petitioner Dennis Arostergui-Maldonado. (Lunn, Laura) (Entered: 07/28/2025)

#28

Jul 30, 2025

Compel

#29

Jul 30, 2025

ORDER: This matter is before the Court on Petitioner's Motion to Compel Respondents to Produce Dennis Arostegui-Maldonado at the Hearing Scheduled for Friday, August 1, 2025 (the "Motion") (ECF No. 28 ). Petitioner persuasively contends his in-person attendance is necessary to facilitate his testimony in support of his request for injunctive relief preventing his transfer outside of the District of Colorado. Moreover, the Court similarly shares Petitioner's concern that video conferencing will prove unreliable and, thus, disruptive to the hearing. Accordingly, for good cause shown, the Motion is GRANTED. Respondents are ORDERED to effectuate Petitioner's IN-PERSON ATTENDANCE at the Evidentiary Hearing set for August 1, 2025 at 9:00am. SO ORDERED by Judge William J. Martinez on 7/30/2025. Text Only Entry(wjmja, ) (Entered: 07/30/2025)

#30

Jul 30, 2025

ORDER. This matter is before the Court on that portion of Petitioner’s Construed Motion “seeking injunctive relief compelling Respondents to grant his immediate release, or to afford him a constitutionally adequate bond hearing within seven days.” (ECF No. 5 at 2.) The Court previously informed the parties that it would consider the necessity of a hearing on these portions of the Construed Motion upon receipt of Petitioner’s reply brief. (ECF No. 20 .) The purpose of this Order is to inform the parties that it will also accept—and is interested in—any evidence the parties wish to present on Petitioner’s request for injunctive relief compelling his immediate release and/or a bond hearing at the August 1, 2025 Evidentiary Hearing. The same procedures set forth in the Court’s Order at ECF No. 17 will apply to the presentation of such evidence. For planning purposes, counsel are advised the Court has set aside a half-day for the Hearing. SO ORDERED by Judge William J. Martinez on 07/30/2025. Text Only Entry (wjmlc5, ) (Entered: 07/30/2025)

#31

Jul 30, 2025

REPLY to Response to 5 MOTION for Temporary Restraining Order filed by Petitioner Dennis Arostergui-Maldonado. (Attachments: # 1 Exhibit Evidence in Support of TRO)(Lunn, Laura) (Entered: 07/30/2025)

Jul 30, 2025

Order on Motion to Compel

Jul 30, 2025

Order

#32

Jul 31, 2025

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela BondiAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Robert Guadian(pty:res), Attorney Nicholas Albert Deuschle added to party Kristi Noem(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Lyons(pty:res), Attorney Nicholas Albert Deuschle added to party Pamela Bondi(pty:res) (Deuschle, Nicholas) (Entered: 07/31/2025)

#33

Jul 31, 2025

NOTICE of Entry of Appearance by Tara Leesar on behalf of Dennis Arostergui-MaldonadoAttorney Tara Leesar added to party Dennis Arostergui-Maldonado(pty:pet) (Leesar, Tara) (Entered: 07/31/2025)

#34

Jul 31, 2025

STIPULATION of Facts for Evidentiary Hearing by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Gibson, Benjamin) (Entered: 07/31/2025)

#35

Jul 31, 2025

Exhibit List for Evidentiary Hearing by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Gibson, Benjamin) (Entered: 07/31/2025)

#36

Jul 31, 2025

Witness List for Evidentiary Hearing by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Gibson, Benjamin) (Entered: 07/31/2025)

#37

Jul 31, 2025

Witness List by Petitioner Dennis Arostergui-Maldonado. (Leesar, Tara) (Entered: 07/31/2025)

#38

Jul 31, 2025

Exhibit List by Petitioner Dennis Arostergui-Maldonado. (Leesar, Tara) (Entered: 07/31/2025)

#39

Jul 31, 2025

Leave to Restrict

#40

Aug 01, 2025

Order on Motion for Leave to Restrict

#41

Aug 01, 2025

Exhibit List for Evidentiary Hearing held on 8/1/2025. (hguer) (Entered: 08/01/2025)

#42

Aug 01, 2025

Witness List for Evidentiary Hearing held on 8/1/2025. (hguer) (Entered: 08/01/2025)

#43

Aug 01, 2025

Temporary Restraining Order

#44

Aug 05, 2025

ORDER: This matter is before the Court sua sponte. Upon further consideration of the matter, the Court further amends the briefing schedule at to Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, as follows: the Respondent's Show Cause Response is due by no later than August 21, 2025, and the Petitioner's Reply is due by no later than September 4, 2025. THESE FILING DEADLINES WILL NOT BE FURTHER EXTENDED ABSENT SUBSTANTIAL GOOD CAUSE SHOWN. SO ORDERED by Judge William J. Martinez on 8/5/2025. Text Only Entry (wjmja, ) (Entered: 08/05/2025)

Aug 05, 2025

Order

#45

Aug 08, 2025

STRICKEN AMENDED APPLICATION for Writ of Habeas Corpus 2241, filed by Dennis Arostergui-Maldonado. (Attachments: # 1 Redline version of amended petition)(Lunn, Laura) Modified to strike pursuant to 47 Order on 8/11/2025 (jrobe, ). (Entered: 08/08/2025)

#46

Aug 08, 2025

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S CONSTRUED MOTION FOR PRELIMINARY INJUNCTION. SO ORDERED by Judge William J. Martinez on 08/08/2025. (jrobe, )

#47

Aug 11, 2025

ORDER. Before the Court is Petitioner's Amended Petition for Writ of Habeas Corpus and Complaint ("Amended Petition") 45 . The Amended Petition is STRICKEN for failure to comply with D.C.Colo.L.Civ.R. 15.1(a). Petitioner is required to file both a stand-alone copy of his amended pleading, as well as the separate notice of filing and "redline" required by that rule, and while the filing purports to have done as much, there is in fact no redline version of the amended pleading attached to ECF 45. This Order is without prejudice to Petitioner re-filing an Amended Petition which complies with Local Rule 15.1(a) in all respects by no later than today, August 11, 2025. SO ORDERED by Judge William J. Martinez on 8/11/2025. Text Only Entry (wjmlc5, ) (Entered: 08/11/2025)

#48

Aug 11, 2025

PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT against Juan Baltazar, Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem, filed by Dennis Arostergui-Maldonado. (Attachments: # 1 Redline version of amended petition)(Lunn, Laura) Modified on 8/15/2025 to correct docket entry title (norlin, ). (Entered: 08/11/2025)

Aug 11, 2025

Order

#49

Aug 21, 2025

RESPONSE to Order to Show Cause, ECF Nos. 19 & 44 by Respondents Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi. (Attachments: # 1 Exhibit A - Declaration of M. Kinsey)(Gibson, Benjamin) (Entered: 08/21/2025)

#50

Aug 22, 2025

ORDER. The Court has under advisement Respondents’ Response to Order to Show Cause (the “Response”) 49 . Therein, Respondents also address the civil claim Petitioner newly asserts in his Petition for Writ of Habeas Corpus and Complaint (“Amended Petition and Complaint”) 48 . Specifically, Respondents argue that “[t]he Court should not address any newly-added issues raised in the Amended Petition and Complaint” because, among other reasons, (1) “the Court has not ordered Respondents to respond to the Amended Petition and Complaint that adds this new request,” and (2) Petitioner has not yet undertaken the appropriate procedural steps for filing a civil complaint. (Id. at 14­-15.) The Court agrees with Respondents that Petitioner’s newly-incorporated civil claim is separate from the Court’s Order to Show Cause “why Petitioner should not be forthwith released from detention” pursuant to its habeas authority. 19 . The Response thus begs the question whether the Court should order a deadline for Respondents’ responsive pleading to that portion of the Amended Petition and Complaint comprising Petitioner’s civil complaint. In considering as much, the Court would benefit from Petitioner’s view on the arguments raised in Section III of the Response. Accordingly, Petitioner is DIRECTED to file a response to those arguments pertaining to his civil (non-habeas) claim for relief by no later than August 29, 2025. Of course, Petitioner need not address these issues for a second time in his forthcoming reply brief on the Court’s Order to Show Cause. See 44 . SO ORDERED by Judge William J. Martinez on 08/22/2025. Text Only Entry (wjmlc5, ) (Entered: 08/22/2025)

Aug 22, 2025

Order

#51

Aug 26, 2025

SUMMONS REQUEST as to Juan Baltazar, Robert Guadian, Kristi Noem, Todd Lyons, Pamela Bondi re 48 Amended Complaint, by Petitioner Dennis Arostergui-Maldonado. (Attachments: # 1 Summons Kristi Noem, # 2 Summons Pamela Bondi, # 3 Summons Robert Guadian, # 4 Summons Todd Lyons)(Johnson, Thomas) (Entered: 08/26/2025)

#52

Aug 29, 2025

REPLY to 49 Response to Order to Show Cause by Petitioner Dennis Arostergui-Maldonado. (Attachments: # 1 Exhibit DECLARATION of Nicholas A. Moskevich)(Lunn, Laura) (Entered: 08/29/2025)

#53

Sep 02, 2025

ORDER: This matter is before the Court sua sponte. To enable the Clerk to issue the Summons requested by Petitioner at ECF 51, the Court DIRECTS the Clerk to ADMINISTRATIVELY CONVERT this case from a Habeas Corpus Cause of Action to a Civil Cause of Action. Moreover, given Petitioner's likely adverse financial situation due to his being detained since December 2024, the Court FURTHER ORDERS that the Civil Action Filing Fee be WAIVED. In entering this Order, the Court expresses no opinion on which of the three "options" Petitioner outlines for the Court's consideration of his third country removal claim is most appropriate. See 52 . SO ORDERED by Judge William J. Martinez on 9/2/2025. Text Only Entry (wjmja, ) (Entered: 09/02/2025)

Sep 02, 2025

Order

#54

Sep 03, 2025

SUMMONSES issued by Clerk. (jrobe, ) (Entered: 09/03/2025)

#55

Sep 04, 2025

REPLY to 49 Response to Order to Show Cause by Petitioner Dennis Arostergui-Maldonado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Johnson, Thomas) (Entered: 09/04/2025)

#56

Sep 08, 2025

Leave

#57

Sep 10, 2025

ORDER granting in part and denying in part 56 Motion for Leave: This matter is before the Court on Respondents’ Motion for Leave to File Surreply (“Motion”) 56 . Therein, Respondents contend that Petitioner’s Reply to Respondents’ Response to Order to Show Cause ("Reply") 55 seeks relief not previously sought in his Petition for Writ of Habeas Corpus—namely, “permanent relief... against unlawful detention in the future.” The Court agrees with Respondents that this this is a new request for relief that is not appropriately asserted for the first time in a reply brief. See, e.g., Smith v. Crockett, 2022 WL 3225119, at *3 n.1 (D. Colo. Aug. 1, 2022) (where “Plaintiff’s reply brief seems to alter the injunctive relief he desires,” concluding “it would be prejudicial to Defendants to consider it now for the first time in a reply brief” (citing Stump v. Gates, 211 F.3d 527, 533 (10th Cir. 2000)). Accordingly, the Motion is GRANTED IN PART to the extent that Petitioner’s arguments in favor of permanent injunctive relief made in his Reply brief in the context of the parties’ briefing on the Court’s Order to Show Cause 19 are STRICKEN. This ruling is without prejudice, however, to Petitioner otherwise appropriately pursuing a request for permanent injunctive relief in this action. Respondents’ alternative request for leave to file a surreply is DENIED AS MOOT. SO ORDERED by Judge William J. Martinez on 09/10/2025. Text Only Entry (wjmlc5, ) (Entered: 09/10/2025)

Sep 10, 2025

Order on Motion for Leave