District of Colorado • 1:26-cv-00436

Moncada-Hernandez v. Trump

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Case Information

Filed: February 04, 2026
Assigned to: Philip A. Brimmer
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: March 04, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 04, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10803186)Attorney Andrew Pelcher added to party Nestor Luis Moncada-Hernandez(pty:pet), filed by Nestor Luis Moncada-Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Index with Exhibits, # 3 Appendix Verification, # 4 Appendix Certificate of Service)(Pelcher, Andrew) (Entered: 02/04/2026)
Main Document: APPLICATION
#2
Feb 04, 2026
Emergency MOTION for Temporary Restraining Order by Petitioner Nestor Luis Moncada-Hernandez. (Attachments: # 1 Proposed Order (PDF Only), # 2 Appendix Certificate of Service)(Pelcher, Andrew) (Entered: 02/04/2026)
Main Document: Temporary Restraining Order
#3
Feb 05, 2026
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. Text Only Entry. (dhern, ) (Entered: 02/05/2026)
#4
Feb 05, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dhern, ) (Entered: 02/05/2026)
Main Document: Magistrate
#5
Feb 05, 2026
MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/5/2026. This matter is before the Court on petitioner Nestor Luis Moncada-Hernandez's 1 Petition for Writ of Habeas Corpus and 2 Emergency Motion for Temporary Restraining Order. Petitioner shall, by overnight mail and email, serve respondents with a copy of the petition and this order on or before February 9, 2026. Petitioner shall file proof of service. Within seven days of service, respondents shall show cause why the petition for writ of habeas corpus should not be granted and will respond to petitioner's motion for a temporary restraining order. See Yassine v. Collins, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (although § 2243 refers to three days, "the time limits in § 2243 are subordinate to the district court's authority to set deadlines under Rule 4 of Rules Governing Section 2254 Cases in the United States District Courts" and noting that "Courts have found that a fourteen-day deadline to respond to show cause orders is reasonable.") (internal quotation and citation omitted). Petitioner may file a reply within seven days of respondents filing their response. Text Only Entry (pabsec, ) (Entered: 02/05/2026)
Feb 05, 2026
Minute Order
#6
Feb 08, 2026
CERTIFICATE of Mailing/Service re 1 Application for Writ of Habeas Corpus, by Petitioner Nestor Luis Moncada-Hernandez. (Attachments: # 1 Appendix Certificate of Service - Order)(Pelcher, Andrew) (Entered: 02/08/2026)
Main Document: CERTIFICATE
#7
Feb 08, 2026
CERTIFICATE of Mailing/Service re 2 Emergency MOTION for Temporary Restraining Order by Petitioner Nestor Luis Moncada-Hernandez. (Pelcher, Andrew) (Entered: 02/08/2026)
Main Document: CERTIFICATE
#8
Feb 11, 2026
NOTICE of Entry of Appearance by Elliot Wertheim on behalf of All Defendants (Wertheim, Elliot) (Entered: 02/11/2026)
Main Document: NOTICE
#9
Feb 11, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Pamela Bondi, Johnny Choate, Pete R. Flores, Sheryl Hayashi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump All parties do not consent.. (Wertheim, Elliot) (Entered: 02/11/2026)
Main Document: CONSENT
#10
Feb 17, 2026
ANSWER to Complaint by Pamela Bondi, Johnny Choate, Pete R. Flores, Sheryl Hayashi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump. (Attachments: # 1 Exhibit Declaration of Jared Todd, # 2 Exhibit Related Briefing)(Wertheim, Elliot) (Entered: 02/17/2026)
Main Document: ANSWER
#11
Feb 19, 2026
Order on Motion for TRO
Main Document: Order on Motion for TRO
#14
Mar 04, 2026
Judgment - Clerk
Main Document: Judgment - Clerk
Mar 04, 2026
Minute Order