District of Colorado • 1:26-cv-00973

#1

Mar 10, 2026

Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10870916)Attorney Eduardo R. Soto added to party Miguel Angel Montoya Ramirez(pty:pet), filed by Miguel Angel Montoya Ramirez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Soto, Eduardo) (Entered: 03/10/2026)

#2

Mar 10, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 03/10/2026)

#3

Mar 10, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued due to Case Type. (eguth, ) (Entered: 03/10/2026)

#4

Mar 12, 2026

ORDER by Magistrate Judge Susan Prose on March 12, 2026. Upon review of Petitioner's 1 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the court grant the Petition, "[o]rder Respondents to Show Cause within three days unless, for good cause, additional time, not exceeding twenty (20) days, is allowed[,]" "[o]rder that Petitioner shall not be transferred outside the District of Colorado[,]" and "[i]ssue a preliminary injunction and Writ of Habeas Corpus ordering Respondents to release Petitioner immediately, or, in the alternative, order Respondents to release Petitioner if he is not provided a bond hearing within seven (7) days after the Court's order[,]" it is ORDERED that Petitioner shall serve Respondents with a copy of the 1 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before March 13, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the 1 Petition and SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) on or before March 20, 2026. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the 1 Petition. Text Only Entry (sbplc6, ) (Entered: 03/12/2026)

Mar 12, 2026

Order

#5

Mar 26, 2026

SUMMONS Returned Executed upon defendant(s) Marcos Charles served on 3/26/2026, answer due 5/26/2026; Derek Gordon served on 3/26/2026, answer due 5/26/2026; Todd M. Lyons served on 3/26/2026, answer due 5/26/2026; Daren K. Margolin served on 3/26/2026, answer due 5/26/2026; Kristi Noem served on 3/26/2026, answer due 5/26/2026. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Soto, Eduardo) (Entered: 03/26/2026)

#6

Mar 30, 2026

NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of All Defendants (Ross, Katherine) (Entered: 03/30/2026)

#7

Mar 31, 2026

Emergency AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Miguel Angel Montoya Ramirez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Soto, Eduardo) (Entered: 03/31/2026)

#8

Mar 31, 2026

ORDER by Magistrate Judge Susan Prose on March 31, 2026. On March 10, 2026, Petitioner filed an Emergency Application for Writ of Habeas Corpus. On March 12, 2026, the Court entered an Order directing Respondents to Show Cause and enjoining Respondents from transferring Petitioner outside the District of Colorado pending resolution of the Petition. On March 31, 2026, Petitioner filed a First Amended Emergency Petition for Writ of Habeas Corpus (the "Amended Petition"), which supersedes the original Petition. The Court's prior Order, including the injunction against transfer, remains in full force and effect and is hereby extended to apply to the Amended Petition. It is further ORDERED that, to the extent any Respondents named in the Amended Petition have not yet been served, Petitioner shall serve those Respondents with a copy of the Amended Petition and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before April 1, 2026. Petitioner shall promptly file proof of such service on the docket. Counsel for any newly added Respondents shall promptly enter their notices of appearance. Within seven days of this Order, Respondents shall RESPOND to the Amended Petition and SHOW CAUSE why the Amended Petition shall not be granted. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3) on or before April 14, 2026. Text Only Entry. (sbplc9, ) (Entered: 03/31/2026)

#9

Mar 31, 2026

NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Marcos Charles, Derek Gordon, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Warden, Denver Contract Detention FacilityAttorney Katherine Ann Ross added to party Warden, Denver Contract Detention Facility(pty:res) (Ross, Katherine) (Entered: 03/31/2026)

#11

Mar 31, 2026

Administrative Notice: 7 Emergency Amended Application. The summons are not issued for this case type. (Text Only Entry) (eluce, ) (Entered: 04/01/2026)

Mar 31, 2026

Order

#10

Apr 01, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Marcos Charles, Derek Gordon, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Warden, Denver Contract Detention Facility All parties consent.. (Ross, Katherine) (Entered: 04/01/2026)

#12

Apr 01, 2026

NOTICE re 8 Order,,,,,, Compliance in Serving those Respondents named in the Amended Petition with a copy of the Amended Petition and accompanying papers by Petitioner Miguel Angel Montoya Ramirez (Soto, Eduardo) (Entered: 04/01/2026)

#13

Apr 02, 2026

RESPONSE to 7 Amended Application for Writ of Habeas Corpus, by Marcos Charles, Derek Gordon, Todd M. Lyons, Daren K. Margolin, Markwayne Mullin, Warden, Denver Contract Detention Facility. (Attachments: # 1 Exhibit)(Ross, Katherine) (Entered: 04/02/2026)

#14

Apr 07, 2026

ORDER by Magistrate Judge Susan Prose on April 7, 2026. The 7 Amended Application for Writ of Habeas Corpus (the "Petition") is GRANTED. The court notes that Respondents concede that the issues presented here are not materially different from an issue this Court resolved in a prior ruling in Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). See also, e.g., Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026). And Respondents also acknowledge that this court's prior rulings would lead the court to reach the same result here, presuming the court adheres to the analysis articulated in, e.g., Arenas. Moreover, the court notes that Respondents have cited no source of law binding upon this court in cursorily arguing that the court should reconsider its prior ruling. The court agrees with Respondents and finds that Respondents have provided the court with no reason to revisit its prior rulings at this time. Accordingly, the court refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, finding that the analyses provided in these cases apply in this matter and that accordingly, Petitioner is entitled to a bond hearing. The court notes that technically, Petitioner requests his immediate release and only requests a bond hearing in the alternative. However, the court finds that Petitioner raises no actual argument that he is entitled to immediate release; instead, his arguments support the assertion that he is entitled to a bond hearing. The court therefore finds that granting Petitioner a bond hearing remains the appropriate remedy here. The court therefore GRANTS Petitioner's 7 Petition and orders Respondents to provide Petitioner with an individualized bond hearing pursuant to Section 1226(a) no later than seven days from the date of this Order. Respondents are also ordered to file a status report in order to certify compliance within ten days of issuance of this Order. If Petitioner has not been provided with such a bond hearing at the time this status report is due, Petitioner shall be immediately released. Text Only Entry (sbplc6, ) (Entered: 04/07/2026)

Apr 07, 2026

Order

#15

Apr 17, 2026

STATUS REPORT by Respondents Marcos Charles, Derek Gordon, Todd M. Lyons, Daren K. Margolin, Markwayne Mullin, Kristi Noem, Warden, Denver Contract Detention Facility. (Ross, Katherine) (Entered: 04/17/2026)

#16

Apr 17, 2026

Exhibits in Support of 15 Status Report Exhibit A (Order of Immigration Judge) by Respondents Marcos Charles, Derek Gordon, Todd M. Lyons, Daren K. Margolin, Markwayne Mullin, Kristi Noem, Warden, Denver Contract Detention Facility. (Ross, Katherine) (Entered: 04/17/2026)

#17

Jun 09, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on June 9, 2026. This matter is before the court on Respondents' 15 Status Report. On April 7, 2026, the court granted Petitioner's 7 Amended Application for Writ of Habeas Corpus and ordered Respondents to provide Petitioner with a bond hearing within seven days of the date of the court's order (ECF No. 14 ). Respondents have now filed their 15 Status Report informing the court that Petitioner was provided a bond hearing on April 14, 2026, after which Petitioner was released under bond of $5,000.00. Accordingly, the court will close the case. Text Only Entry (sbplc11) (Entered: 06/09/2026)

#18

Jun 09, 2026

Judgment - Clerk

Jun 09, 2026

Minute Order