District of Colorado • 1:26-cv-00844

Troche Montoya v. Baltazar

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Case Information

Filed: March 02, 2026
Assigned to: Gordon P. Gallagher
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: June 11, 2026
Parties: View All Parties →

Docket Entries

#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)
Main Document: APPLICATION
#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)
Main Document: Magistrate
#4
Mar 03, 2026
Order to Show Cause
Main Document: Order to Show Cause
#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)
Main Document: AFFIDAVIT/RETURN
#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)
Main Document: NOTICE
#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)
Main Document: RESPONSE
#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)
Main Document: AMENDED
#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)
Main Document: NOTICE
#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)
Main Document: REPLY
#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)
Main Document: NOTICE
#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)
Main Document: STATUS
#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