Completed
Case Information
Filed: March 11, 2026
Assigned to:
Daniel Desmond Domenico
Referred to:
Cyrus Y. Chung
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: August 17, 2026
Last Activity:
August 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 11, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10874416)Attorney Lawrence A. Walker added to party Marlon Alexander Quintanilla Pereza(pty:pet), filed by Marlon Alexander Quintanilla Pereza.(Walker, Lawrence) (Entered: 03/11/2026)
Main Document:
APPLICATION
#2
Mar 11, 2026
Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (echa, ) (Entered: 03/11/2026)
#3
Mar 11, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 03/11/2026)
Main Document:
Magistrate
#4
Mar 12, 2026
ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within three weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 3/12/2026. Text Only Entry (dddlc1, ) (Entered: 03/12/2026)
#5
Mar 12, 2026
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 3/12/2026. Text Only Entry (dddlc1, ) (Entered: 03/12/2026)
Mar 12, 2026
Order to Show Cause
Mar 12, 2026
Order Referring Case to Magistrate Judge
#6
Mar 13, 2026
AFFIDAVIT/RETURN of Service of Petition for Writ upon Kevin Traskos -- USACO on 3/13/2026, filed by Petitioner Marlon Alexander Quintanilla Pereza (Walker, Lawrence) (Entered: 03/13/2026)
Main Document:
AFFIDAVIT/RETURN
#7
Mar 23, 2026
NOTICE of Entry of Appearance by Andrew Walker on behalf of Marlon Alexander Quintanilla PerezaAttorney Andrew Walker added to party Marlon Alexander Quintanilla Pereza(pty:pet) (Walker, Andrew) (Entered: 03/23/2026)
Main Document:
NOTICE
#8
Mar 23, 2026
MOTION to Withdraw as Attorney by Petitioner Marlon Alexander Quintanilla Pereza. (Walker, Lawrence) (Entered: 03/23/2026)
Main Document:
Withdraw as Attorney
#9
Mar 26, 2026
ORDER GRANTING 8 Motion for Leave to Withdraw as Counsel of Record. The Clerk of Court is instructed to terminate attorney Lawrence A. Walker as counsel of record, and to remove this name from the electronic certificate of mailing. The petitioner will continue to be represented by attorney Andrew Walker. SO ORDERED by Chief Judge Daniel D. Domenico on 3/26/2026. Text Only Entry (dddlc1, ) (Entered: 03/26/2026)
Mar 26, 2026
Order on Motion to Withdraw as Attorney
#10
Apr 17, 2026
NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. LyonsAttorney Andrew M. Soler added to party Acting Secretary(pty:res), Attorney Andrew M. Soler added to party Juan Baltazar(pty:res), Attorney Andrew M. Soler added to party Pamela Bondi(pty:res), Attorney Andrew M. Soler added to party Robert Hagan(pty:res), Attorney Andrew M. Soler added to party Todd M. Lyons(pty:res) (Soler, Andrew) (Entered: 04/17/2026)
Main Document:
NOTICE
#11
Apr 30, 2026
ORDER ORDER re: Service of Process. On 3/13/2026, the petitioner filed 6 Certificate of Service stating that a copy of 1 Petition for Writ of Habeas Corpus was sent to the U.S. Attorney's Office for the District of Colorado via email and U.S. Priority Mail Overnight Express. The petitioner was directed to serve the respondents "pursuant to Federal Rule of Civil Procedure 4." Doc. 4. Email and priority mail are not permissible ways to serve a federal agency or a federal employee sued in an official capacity under Rule 4. See Fed. R. Civ. P. 4(i)(1)-(2); Castillo v. United States, No. 25-628 LF/JFR, 2025 WL 3551847, at *2 (D.N.M. Dec. 11, 2025) ("Rule 4 does not permit service by email without prior authorization from the Court"); Zavala v. Jaddou, No. CV 22-1180 FMO (GJSx), 2023 WL 2731696, at *1 (C.D. Cal. Jan. 17, 2023) (plaintiff's attempts to serve defendants by USPS Priority Mail Express instead of registered or certified mail as required by Rule 4(i) were insufficient). And the Government cannot waive service of process. Constien v. United States, 628 F.3d 1207, 1213 (10th Cir. 2010).The petitioner must properly serve the respondents on or before 6/9/2026. See Fed. R. Civ. P. 4(m) (if defendants are not served within ninety days of filing complaint, court may dismiss action without prejudice unless plaintiff shows good cause for the failure).SO ORDERED by Chief Judge Daniel D. Domenico on 04/30/2026. Text Only Entry (jrobe, ) (Entered: 04/30/2026)
Apr 30, 2026
Order
#12
May 01, 2026
SUPPLEMENT/AMENDMENT to 6 Affidavit/Return of Service by Petitioner Marlon Alexander Quintanilla Pereza. (Walker, Andrew) (Entered: 05/01/2026)
Main Document:
SUPPLEMENT/AMENDMENT
#13
May 06, 2026
RESPONSE to 4 Order to Show Cause,,, by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Attachments: # 1 Exhibit 1 - Mansur Decl.)(Soler, Andrew) (Entered: 05/06/2026)
Main Document:
RESPONSE
#14
May 11, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Marlon Alexander Quintanilla Pereza All parties do not consent.. (Walker, Andrew) (Entered: 05/11/2026)
Main Document:
CONSENT
#15
May 15, 2026
MOTION for Leave to File Excess Pages by Petitioner Marlon Alexander Quintanilla Pereza. (Walker, Andrew) (Entered: 05/15/2026)
Main Document:
File Excess Pages
#16
May 18, 2026
ORDER GRANTING 15 Petitioner's Motion to Exceed Word Limit. The petitioner may file a reply brief not to exceed 5,000 words. SO ORDERED by Chief Judge Daniel D. Domenico on 05/18/2026. Text Only Entry.(agryan) (Entered: 05/18/2026)
May 18, 2026
Order on Motion for Leave to File Excess Pages
#17
May 19, 2026
REPLY to 13 Response by Petitioner Marlon Alexander Quintanilla Pereza. (Walker, Andrew) (Entered: 05/19/2026)
Main Document:
REPLY
#18
Jul 01, 2026
ORDER.In light of Santillan Quiroz v. Mullin, — F.4th —, No. 26-6019, 2026 WL 1876709 (10th Cir. June 30, 2026), within one week of this Order the respondents must either:(a) provide the petitioner with a bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. §§ 236.1(d)(1), 1003.19, & 1236.1(d)(1) or else release the petitioner, and file a status report stating the results of any bond hearing that was conducted or the date of the petitioner's release if no bond hearing was held; or(b) show cause why this case is distinguishable from Santillan Quiroz and the application for a writ of habeas corpus should not be granted.SO ORDERED by Chief Judge Daniel D. Domenico on 07/01/2026. Text Only Entry. (agryan) (Entered: 07/01/2026)
Jul 01, 2026
Order
#19
Jul 08, 2026
STATUS REPORT by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Soler, Andrew) (Entered: 07/08/2026)
Main Document:
STATUS
#20
Jul 09, 2026
ORDER re: 19 Status Report filed by Respondents. The respondents report that the petitioner has been provided with a bond hearing before an immigration judge. The petitioner may file a response on or before 7/16/2026 explaining any reasons why this case should not be closed and 1 Petition for Writ of Habeas Corpus dismissed without prejudice. SO ORDERED by Chief Judge Daniel D. Domenico on 07/09/2026. Text Only Entry. (agryan) (Entered: 07/09/2026)
Jul 09, 2026
Order
#21
Jul 16, 2026
RESPONSE to 19 Status Report and Motion to Enforce by Petitioner Marlon Alexander Quintanilla Pereza. (Attachments: # 1 Exhibit Exhibit 1 - Bond Order)(Walker, Andrew) Modified on 7/17/2026 to add gavel (agryan). (Entered: 07/16/2026)
Main Document:
Enforce
#22
Jul 17, 2026
ORDER re: 21 Motion to Enforce. The respondents must respond to the motion on or before 7/24/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 07/17/2026. Text Only Entry. (agryan) (Entered: 07/17/2026)
#23
Jul 17, 2026
Exhibits in Support of 21 MOTION to Enforce by Petitioner Marlon Alexander Quintanilla Pereza. (Attachments: # 1 Exhibit Exhibit 2, Part 1 - Petitioner's Exhibit List in Support of Bond, # 2 Exhibit Exhibit 2, Part 2 - Petitioner's Exhibit List in Support of Bond)(Walker, Andrew) (Entered: 07/17/2026)
Main Document:
Exhibits
Jul 17, 2026
Order
#24
Jul 22, 2026
RESPONSE to 21 MOTION to Enforce filed by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Soler, Andrew) (Entered: 07/22/2026)
Main Document:
RESPONSE
#25
Jul 22, 2026
ORDER GRANTING IN PART 21 Petitioner's Motion to Enforce.Within one week of this Order, the respondents must provide the petitioner with a new bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. §§ 236.1(d)(1), 1003.19, & 1236.1(d)(1) or else release the petitioner.The respondents must provide the petitioner's counsel no less than three business days' notice in advance of any bond hearing.At any bond hearing, the Government must bear the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021); Kuzmic v. Baltasar, No. 26-cv-00577-CYC, 2026 WL 1291853, at *2, *5 (D. Colo. May 12, 2026); Guevara Gacia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026); Barreno v. Baltasar, No. 025-cv-03017-GPG-TPO, 2025 WL 3190936, at *3 (D. Colo. Nov. 14, 2025); Diaz-Ceja v. McAleenan, No. 19-cv-00824-NYW, 2019 WL 2774211, at *11 to *12 (D. Colo. July 2, 2019); cf. United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003).The respondents must file a status report within one week of this Order stating the results of any bond hearing that was conducted or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Chief Judge Daniel D. Domenico on 7/22/2026. Text Only Entry. (rkeec) (Entered: 07/22/2026)
Jul 22, 2026
Order on Motion to Enforce
#26
Jul 29, 2026
STATUS REPORT by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Soler, Andrew) (Entered: 07/29/2026)
Main Document:
STATUS
#27
Jul 30, 2026
Supplemental STATUS REPORT by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Attachments: # 1 Exhibit 1 - Bond Order)(Soler, Andrew) (Entered: 07/30/2026)
Main Document:
Supplemental
#28
Jul 31, 2026
ORDER re: 26 Status Report and 27 Supplemental Status Report filed by Respondents. The respondents report that the petitioner has been provided with a new bond hearing before an immigration judge. The petitioner may file a response on or before 8/6/2026 explaining any reasons why this case should not be closed and 1 Petition for Writ of Habeas Corpus dismissed without prejudice. SO ORDERED by Chief Judge Daniel D. Domenico on 7/31/2026. Text Only Entry. (rkeec) (Entered: 07/31/2026)
Jul 31, 2026
Order
#29
Aug 06, 2026
RESPONSE to 27 Status Report, 26 Status Report and Motion to Enforce by Petitioner Marlon Alexander Quintanilla Pereza. (Attachments: # 1 Exhibit Exhibit 2 - July 29, 2026 Bond Decision of the Immigration Judge, # 2 Exhibit Exhibit 3 part one - Petitioners Exhibit List in Support of Bond, # 3 Exhibit Exhibit 3 part two - Petitioners Exhibit List in Support of Bond, # 4 Exhibit Exhibit 4 - July 13, 2026 Bond Decision of the Immigration Judge, # 5 Exhibit Exhibit 5 - Respondents Evidence)(Walker, Andrew) Modified on 8/7/2026 (agryan). (Entered: 08/06/2026)
Main Document:
Order
#30
Aug 07, 2026
ORDER re: 29 Motion to Enforce. The respondents must respond to the motion on or before 8/13/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 8/7/2026. Text Only Entry. (rkeec) (Entered: 08/07/2026)
#31
Aug 07, 2026
Conventionally Submitted Material : CD to MOTION for Order to 29 by Petitioner Marlon Alexander Quintanilla Pereza. Conventional Material placed in Clerk's Office Oversized Area B-3-4. Text Only Entry. (agryan) (Entered: 08/07/2026)
Aug 07, 2026
Order
#32
Aug 13, 2026
RESPONSE to 29 MOTION for Order to filed by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Soler, Andrew) (Entered: 08/13/2026)
Main Document:
RESPONSE
#33
Aug 14, 2026
ORDER GRANTING 29 Petitioner's Motion to Enforce.I previously ordered the respondents to provide the petitioner with a bond hearing before an immigration judge, release him, or show cause why he should not be provided a bond hearing or released. Doc. 18. The respondents provided the petitioner with a bond hearing, but he asserted that hearing did not comply with my order, see Doc. 21, and in response the respondents stated that they declined to "submit[] a brief in opposition to the Motion," recognizing that "the Court may then decide to grant the Motion and award appropriate relief," which they asserted was a new bond hearing, Doc. 24 .I then ordered the respondents to "provide the petitioner with a new bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. §§ 236.1(d)(1), 1003.19, & 1236.1(d)(1) or else release the petitioner." Doc. 25. The respondents once again provided a bond hearing that the petitioner asserts did not comply with my order. See Doc. 29 . And the respondents have once again declined to "submit[] a brief in opposition to the Motion," recognizing that "that the Court may then decide to grant the Motion and award appropriate relief," which they assert is a third bond hearing. Doc. 32 .The respondents were ordered to provide the petitioner with a bond hearing or else release him, and they have provided no substantive response to his assertion that they did not provide him with a compliant bond hearing or explanation as to why they should be given another chance to do so.Accordingly, the respondents are ORDERED to immediately release Petitioner Marlon Alexander Quintanilla Pereza from detention and file a status report within one week of this Order confirming he has been released.SO ORDERED by Chief Judge Daniel D. Domenico on 8/14/2026. Text Only Entry (dddlc1, ) (Entered: 08/14/2026)
Aug 14, 2026
Order on Motion for Order
#34
Aug 17, 2026
STATUS REPORT Regarding Petitioner's Release from Custody by Respondents Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons. (Soler, Andrew) (Entered: 08/17/2026)
Main Document:
STATUS
#35
Aug 17, 2026
ORDER re: 34 Status Report filed by Respondents. 4 Order to Show Cause is DISCHARGED, and 1 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close this case. SO ORDERED by Chief Judge Daniel D. Domenico on 8/17/2026. Text Only Entry. (rkeec) (Entered: 08/17/2026)
#36
Aug 17, 2026
FINAL JUDGMENT by Clerk in favor of Acting Secretary, Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons against Marlon Alexander Quintanilla Pereza by Chief Judge Daniel D. Domenico on 8/17/2026. (rkeec) (Entered: 08/17/2026)
Main Document:
Judgment - Clerk
Aug 17, 2026
Order
Parties
Baltazar
Party
Quintanilla Pereza
Party