District of Colorado • 1:26-cv-00844

#1

Mar 02, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (verified) (Filing fee $ 5, Receipt Number ACODC-10855603)Attorney Scott Brian Petiya added to party Jimmy Eduardo Troche Montoya(pty:pet), filed by Jimmy Eduardo Troche Montoya. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-4)(Petiya, Scott) (Entered: 03/02/2026)

#2

Mar 02, 2026

Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 03/03/2026)

#3

Mar 02, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 03/03/2026)

#4

Mar 03, 2026

ORDER. Before the Court is a Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief (D. 1 ). To the extent they have not yet done so, Petitioner's counsel is directed to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order; and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance, and, within 30 days of service as set out above, Respondents are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. Petitioners shall then have 14 days in which to file a reply. By District Judge Gordon P. Gallagher on 3/3/2026. (amona,) (Entered: 03/03/2026)

#5

Mar 12, 2026

AFFIDAVIT/RETURN of Service of Petition, Civil Cover Sheet, Exhibits, Magistrate Judge Form, Minute Order upon Juan Baltazar, George Valdez, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, US Attorney for District of Colorado on 03/10/2026, filed by Petitioner Jimmy Eduardo Troche Montoya (Petiya, Scott) (Entered: 03/12/2026)

#6

Mar 20, 2026

NOTICE of Entry of Appearance by Thomas Alan Isler on behalf of Juan Baltazar, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, George ValdezAttorney Thomas Alan Isler added to party Juan Baltazar(pty:res), Attorney Thomas Alan Isler added to party Pamela Jo Bondi(pty:res), Attorney Thomas Alan Isler added to party Todd M. Lyons(pty:res), Attorney Thomas Alan Isler added to party Kristi Noem(pty:res), Attorney Thomas Alan Isler added to party George Valdez(pty:res) (Isler, Thomas) (Entered: 03/20/2026)

#7

Apr 09, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 4 Order to Show Cause,, by Respondents Juan Baltazar, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, George Valdez. (Attachments: # 1 Exhibit A, Declaration of Alexis Luquin)(Isler, Thomas) (Entered: 04/09/2026)

#8

Apr 22, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (verified), filed by Jimmy Eduardo Troche Montoya. (Attachments: # 1 Exhibit 1-5)(Petiya, Scott) (Entered: 04/22/2026)

#9

Apr 22, 2026

NOTICE of Filing Amended Pleading re 8 Amended Application for Writ of Habeas Corpus by Petitioner Jimmy Eduardo Troche Montoya (Attachments: # 1 Exhibit 1)(Petiya, Scott) (Entered: 04/22/2026)

#10

Apr 22, 2026

REPLY to 7 Response, to Petition and Order to Show Cause by Petitioner Jimmy Eduardo Troche Montoya. (Petiya, Scott) (Entered: 04/22/2026)

#11

May 11, 2026

NOTICE of Entry of Appearance for Plaintiff by Maria G. Monclova on behalf of All Plaintiffs (Monclova, Maria) (Entered: 05/11/2026)

#12

May 27, 2026

ORDER: Respondents are ordered to file a status update informing the Court what steps they are taking to pursue Petitioners removal to Mexico (D. 7-1 at 6) and any other reason why Petitioners removal is likely in the reasonably foreseeable future. Respondents shall file such an update within 14 days of this Order. by District Judge Gordon P Gallagher on 05/27/2026. Text Only Entry (gpglc6, ) (Entered: 05/27/2026)

May 27, 2026

Order

#13

Jun 10, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullin, George Valdez. (Isler, Thomas) (Entered: 06/10/2026)

#14

Jun 11, 2026

ORDER: Respondents status update (D. 13) indicates that Petitioner would be removed to Mexico but-for his refusal to sign a third-country removal notice. As other courts in this District have noted, the "Tenth Circuit has concluded in a case where a petitioner refused to accept or acknowledge required forms to assist in removal and refused to complete an application for a [] passport, that petitioners detention did not raise the specter of indefinite detention." Hernandez-Montes v. Ceja et al., No. 1:26-CV-01390-CNS, 2026 WL 1469231, at *2 (D. Colo. May 26, 2026) (citation modified). 8 U.S.C. § 1231(a)(1)(C) allows for an extension of the removal period beyond a period of 90 days if an individual "acts to prevent [his] removal subject to an order of removal." Therefore, Respondents are ordered to file another status update in 90 days informing the Court of the status of its efforts to remove Petitioner. by District Judge Gordon P Gallagher on 06/11/2026. Text Only Entry (gpglc6, ) (Entered: 06/11/2026)

Jun 11, 2026

Order

#15

Sep 09, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullin, George Valdez. (Isler, Thomas) (Entered: 09/09/2026)

#16

Sep 10, 2026

ORDER: Respondents' status update (D. 15) indicates that Petitioner continues to refuse to comply with removal efforts to Mexico. Respondents are ordered to file another status update in 90 days or, if Petitioner is removed, within five (5) days of removal. by District Judge Gordon P Gallagher on 09/10/2026. Text Only Entry (gpglc6, ) (Entered: 09/10/2026)

Sep 10, 2026

Order

#17

Sep 23, 2026

STRICKEN AFFIDAVIT/RETURN of Service of Petition, Civil Cover Sheet, Exhibits, Order to Show Cause upon Juan Baltazar, George Valdez, David J. Venturella, Markwayne Mullin, Todd Blanche, US Attorney for District of Colorado on 09/21/2026, filed by Petitioner Jimmy Eduardo Troche Montoya (Attachments: # 1 Exhibit 1-3)(Petiya, Scott) Modified on 9/25/2026 to strike pursuant to 20 Order (agryan). (Entered: 09/23/2026)

#18

Sep 24, 2026

Unopposed MOTION to Strike 17 Affidavit/Return of Service, by Petitioner Jimmy Eduardo Troche Montoya. (Petiya, Scott) (Entered: 09/24/2026)

#19

Sep 24, 2026

MOTION to Vacate 16 Order, and Order Immediate Release of Petitioner by Petitioner Jimmy Eduardo Troche Montoya. (Petiya, Scott) (Entered: 09/24/2026)

#20

Sep 25, 2026

ORDER granting 18 Motion to Strike 17 Affidavit/Return of Service,. 17 is STRICKEN . By District Judge Gordon P Gallagher on 09/25/2026. Text Only Entry.(agryan) (Entered: 09/25/2026)

Sep 25, 2026

Order on Motion to Strike