District of Colorado • 1:26-cv-00289

Gonzalez Tomatzin v. Baltazar

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Case Information

Filed: January 23, 2026
Assigned to: Regina M. Rodriguez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: March 18, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 23, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (verified) (Filing fee $ 5, Receipt Number ACODC-10780470)Attorney Scott Brian Petiya added to party Luis R Gonzalez Tomatzin(pty:pet), filed by Luis R Gonzalez Tomatzin. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits 1-9)(Petiya, Scott) (Entered: 01/23/2026)
Main Document: APPLICATION
#2
Jan 23, 2026
Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (echa, ) (Entered: 01/23/2026)
#3
Jan 23, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 01/23/2026)
Main Document: Magistrate
#4
Jan 26, 2026
ORDER. Having reviewed the 1 Petition, the Court ORDERS Petitioner to, no later than January 30, 2026, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within seven calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Petitioner shall file a reply within seven calendar days after Respondents' response is filed. Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al., Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). SO ORDERED by Judge Regina M. Rodriguez on 1/26/2026. Text Only Entry (rmrja) (Entered: 01/26/2026)
Jan 26, 2026
Order
#5
Jan 28, 2026
NOTICE of Entry of Appearance by Erika A. Kelley on behalf of Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi NoemAttorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Pamela Jo Bondi(pty:res), Attorney Erika A. Kelley added to party Robert Hagan(pty:res), Attorney Erika A. Kelley added to party Todd M. Lyons(pty:res), Attorney Erika A. Kelley added to party Kristi Noem(pty:res) (Kelley, Erika) (Entered: 01/28/2026)
Main Document: NOTICE
#6
Jan 28, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem All parties do not consent.. (Kelley, Erika) (Entered: 01/28/2026)
Main Document: CONSENT
#7
Jan 30, 2026
AFFIDAVIT/RETURN of Service of Petition, Civil Cover Sheet, Exhibits, Magistrate Judge Form, Minute Order upon Juan Baltazar, Robert Hagan, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, US Attorney for District of Colorado on 01/27/2026, filed by Petitioner Luis Gonzalez Tomatzin (Attachments: # 1 Exhibit 1-3)(Petiya, Scott) (Entered: 01/30/2026)
Main Document: AFFIDAVIT/RETURN
#8
Feb 03, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus, 4 Order,,,,,,, to Show Cause by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit A - Respondents' Mendoza Gutierrez brief (25-cv-0270-RMR))(Kelley, Erika) (Entered: 02/03/2026)
Main Document: RESPONSE
#9
Feb 10, 2026
REPLY to 8 Response, to Respondents' Response to Petition for Writ of Habeas Corpus by Petitioner Luis Gonzalez Tomatzin. (Petiya, Scott) (Entered: 02/10/2026)
Main Document: REPLY
#10
Feb 25, 2026
Expedite
Main Document: Expedite
#11
Mar 06, 2026
Order on Motion to Expedite
Main Document: Order on Motion to Expedite
#12
Mar 08, 2026
STATUS REPORT by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Kelley, Erika) (Entered: 03/08/2026)
Main Document: STATUS
#13
Mar 09, 2026
Vacate
Main Document: Vacate
#14
Mar 09, 2026
RESPONSE to 13 MOTION to Vacate 11 Order on Motion to Expedite,,,,, /Motion to Partially Vacate Court's March 6, 2026 Order (ECF No. 11) filed by Petitioner Luis Gonzalez Tomatzin. (Petiya, Scott) (Entered: 03/09/2026)
Main Document: RESPONSE
#15
Mar 09, 2026
Amend/Correct/Modify
Main Document: Amend/Correct/Modify
#16
Mar 10, 2026
ORDER. The Court GRANTS IN PART and DENIES IN PART Respondents' Motion to Vacate 13 and GRANTS Petitioner's Motion to Amend/Correct/Modify 15 . The portion of Order 11 ordering Respondents to provide Petitioner a bond hearing under 8 U.S.C. § 1226(a) within five days of the Court's Order 11 and ordering Respondents to file a status report within two days after Petitioner's bond hearing is AMENDED to recite the following: The Court orders (1) in the event of Petitioner's re-detention, that a bond hearing under 8 U.S.C. § 1226(a) be held within five days of the date of detention, and (2) the government bears the burden of justifying Petitioner's continued detention by clear and convincing evidence of dangerousness or flight risk, and that Respondents file a status report at the time and with the contents set forth in the March 6, 2026 Order 11, will also apply to that hearing, if it becomes necessary. SO ORDERED by Judge Regina M. Rodriguez on 3/10/2026. Text Only Entry(rmrja) (Entered: 03/10/2026)
Mar 10, 2026
Order on Motion to Amend/Correct/Modify AND Order on Motion to Vacate
#17
Mar 13, 2026
Reconsideration
Main Document: Reconsideration
#18
Mar 18, 2026
RESPONSE to 17 MOTION for Reconsideration re 16 Order on Motion to Vacate,,,,, Order on Motion to Amend/Correct/Modify,,,, filed by Petitioner Luis Gonzalez Tomatzin. (Petiya, Scott) (Entered: 03/18/2026)
Main Document: RESPONSE

Parties

Baltazar
Party
Gonzalez Tomatzin
Party