District of Colorado • 1:26-cv-01162

#1

Mar 20, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10895800)Attorney Daniel Flores Herrera added to party Juan Carlos Membreno Portillo(pty:pet), filed by Juan Carlos Membreno Portillo.(Herrera, Daniel) (Entered: 03/20/2026)

#2

Mar 20, 2026

NOTICE of Civil Cover Sheet by Petitioner Juan Carlos Membreno Portillo (Herrera, Daniel) (Entered: 03/20/2026)

#3

Mar 20, 2026

MOTION for Temporary Restraining Order by Petitioner Juan Carlos Membreno Portillo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Herrera, Daniel) (Entered: 03/20/2026)

#4

Mar 20, 2026

NOTICE of Related Case by Petitioner Juan Carlos Membreno Portillo (Herrera, Daniel) (Entered: 03/20/2026)

#5

Mar 20, 2026

NOTICE of Entry of Appearance by Daniel Flores Herrera on behalf of Juan Carlos Membreno Portillo (Herrera, Daniel) (Entered: 03/20/2026)

#6

Mar 20, 2026

NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Juan Carlos Membreno PortilloAttorney Conor Timothy Gleason added to party Juan Carlos Membreno Portillo(pty:pet) (Gleason, Conor) (Entered: 03/20/2026)

#7

Mar 20, 2026

NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Juan Carlos Membreno PortilloAttorney Hans Christopher Meyer added to party Juan Carlos Membreno Portillo(pty:pet) (Meyer, Hans) (Entered: 03/20/2026)

#8

Mar 20, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 03/23/2026)

#9

Mar 20, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 03/23/2026)

#10

Mar 23, 2026

MINUTE ORDER: Before the Court is Petitioner Cesar Juan Carlos Membreno Portillo's Verified Petition for Writ of Habeas Corpus, ECF No. 1, and Petitioner-Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction, ECF No. 3 . In the Petition, Petitioner requests that the Court "[i]ssue a writ of habeas corpus requiring Respondents to release Mr. Membreno immediately." ECF No. 1 at 16. The Motion requests similar relief. See ECF No. 3 at 17 (requesting that the Court order Petitioner-Plaintiff's "immediate release without further conditions and without the need for an IJ custody hearing"). Having reviewed the Petition and Motion, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition, the Motion, and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and motion and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 3/23/2026. Text Only Entry (cnsja, ) (Entered: 03/23/2026)

Mar 23, 2026

Minute Order

#11

Mar 24, 2026

NOTICE Proof of Service by Petitioner Juan Carlos Membreno Portillo (Attachments: # 1 Exhibit, # 2 Exhibit)(Herrera, Daniel) (Entered: 03/24/2026)

#12

Mar 25, 2026

NOTICE Second Proof of Service by Petitioner Juan Carlos Membreno Portillo (Attachments: # 1 Exhibit, # 2 Exhibit)(Herrera, Daniel) (Entered: 03/25/2026)

#13

Mar 26, 2026

NOTICE of Entry of Appearance by Justin Bishop Grewell on behalf of Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George ValdezAttorney Justin Bishop Grewell added to party Juan Baltazar(pty:res), Attorney Justin Bishop Grewell added to party Pam Bondi(pty:res), Attorney Justin Bishop Grewell added to party Todd Lyons(pty:res), Attorney Justin Bishop Grewell added to party Kristi Noem(pty:res), Attorney Justin Bishop Grewell added to party George Valdez(pty:res) (Grewell, Justin) (Entered: 03/26/2026)

#14

Mar 30, 2026

ANSWER to Complaint by Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George Valdez. (Attachments: # 1 Exhibit A)(Grewell, Justin) (Entered: 03/30/2026)

#15

Mar 30, 2026

ORDER: Before the Court are Petitioner's habeas petition, motion for a temporary restraining order, and Respondents' response to both. See ECF Nos. 1, 3, 14 . As Respondents acknowledge, the "central legal issue presented in this case" "is not materially different from an issue this Court has resolved in a prior ruling in another case." See ECF No. 14 at 2 (citing Nava Hernandez v. Baltazar, No. 25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025)). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here" as in Nava Hernandez because "the facts of this case are not materially distinguishable from that case for purposes of the Court's decision on the legal issue of whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)." ECF No. 14 at 4. In light of these representations and the Court's prior analyses regarding the applicability of 8 U.S.C. § 1225 and 8 U.S.C. § 1226, see generally Hernandez v. Baltazar, et al., No. 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025), Singh v. Baltazar, 26-cv-00336-CNS, 2026 WL 352870 (D. Colo. Feb. 9, 2026), the Court GRANTS Petitioner's petition, ECF No. 1, and DENIES AS MOOT the motion for temporary restraining order, ECF No. 3. It is ORDERED that Respondents shall provide Petitioner with a bond hearing pursuant § 1226 within FIVE DAYS of this order, at which the government will bear the burden of demonstrating to an immigration judge (IJ) by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. To the extent Petitioner is granted release on bond by an IJ, Respondents are ENJOINED from unduly delaying Petitioner's payment or processing of bond once it is issued. Respondents SHALL FILE a status report within TWO DAYS of Petitioner's § 1226 bond hearing to certify compliance with this Order and inform the Court of the status of Petitioner's request for bond, including whether Petitioner was released from detention and, if so, what conditions were imposed, if any. Finally, Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner at a later date unless they again demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall again bear the burden of proof. Because the Court's ruling affords Petitioner the relief he seeks, the Court need not address Petitioner's remaining arguments at this time. See Loa Caballero v. Baltazar, et al., No. 1:25-cv-3120-NYW, 2025 WL 2977650, at *8 (D. Colo. Oct. 22, 2025) (declining to rule on petitioner's remaining claims after granting petitioner all relief sought under § 1226(a)); Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996, at *3 (D. Mass. Oct. 3, 2025) (declining to address petitioner's due process and APA arguments after finding in petitioner's favor on statutory claim). By Judge Charlotte N. Sweeney on 3/30/2026. Text Only Entry(cnsja, ) (Entered: 03/30/2026)

Mar 30, 2026

Order on Motion for TRO

#16

Apr 07, 2026

STATUS REPORT by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George Valdez. (Attachments: # 1 Exhibit A)(Grewell, Justin) (Entered: 04/07/2026)

#17

Apr 08, 2026

STATUS REPORT by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George Valdez. (Grewell, Justin) (Entered: 04/08/2026)

#18

Apr 29, 2026

Judgment

#20

Apr 29, 2026

Judgment

Apr 29, 2026

Order on Motion for Judgment

#21

May 13, 2026

Withdraw as Attorney

May 14, 2026

Order on Motion to Withdraw as Attorney