District of Colorado • 1:26-cv-01257

#1

Mar 25, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10905416)Attorney Tiago J. Guevara added to party Juan Agustin-Ailon(pty:pet), filed by Juan Agustin-Ailon. (Attachments: # 1 Cover Sheet, # 2 Entry of Appearance, # 3 Supplement)(Guevara, Tiago) (Entered: 03/25/2026)

#2

Mar 25, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, ) (Entered: 03/26/2026)

#3

Mar 26, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 03/26/2026)

#4

Mar 26, 2026

Order

#5

Mar 31, 2026

NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Juan Baltazar, Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Markwayne Mullen, U.S. Department of Homeland Security, George ValdezAttorney Alexandra J. Berger added to party Juan Baltazar(pty:res), Attorney Alexandra J. Berger added to party Pamela Bondi(pty:res), Attorney Alexandra J. Berger added to party Executive Office for Immigration Review(pty:res), Attorney Alexandra J. Berger added to party Todd Lyons(pty:res), Attorney Alexandra J. Berger added to party Markwayne Mullen(pty:res), Attorney Alexandra J. Berger added to party U.S. Department of Homeland Security(pty:res), Attorney Alexandra J. Berger added to party George Valdez(pty:res) (Berger, Alexandra) (Entered: 03/31/2026)

#6

Apr 01, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Juan Agustin-Ailon All parties consent.. (Guevara, Tiago) (Entered: 04/01/2026)

#7

Apr 02, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 6 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Scott T. Varholak, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 4/2/2026. Text Only Entry (dddlc1, ) (Entered: 04/02/2026)

#8

Apr 02, 2026

RESPONSE to 4 Order,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Markwayne Mullen, U.S. Department of Homeland Security, George Valdez. (Attachments: # 1 Exhibit Exhibit A - US Brief in Mendoza Gutierrez)(Berger, Alexandra) (Entered: 04/02/2026)

Apr 02, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#9

Apr 21, 2026

Order

#10

Apr 21, 2026

Clarify

#11

Apr 22, 2026

ORDER granting 10 Motion to Clarify. Petitioner requests clarification regarding the burden of proof at the bond hearing ordered by this Court pursuant to its 9 Order. Section 1226 is silent as to who bears the burden of proving a noncitizen's eligibility for bond. However, courts have found "that, under normal circumstances, the burden is on the non-citizen to demonstrate that their 'release would not pose a danger to property or persons, and that the [noncitizen] is likely to appear for any future proceeding.'" Velasquez Salazar v. Dedos, 806 F. Supp. 3d 1231, 1242 (D.N.M. 2025) (citing 8 C.F.R. § 236.1(c)(8)). These same courts have found, however, that unlawful detainment in violation of a petitioner's constitutional rights are not "normal circumstances." Id. In analogous cases to this one, the great weight of authority in this District has thus found that the burden of proof should rest with the government to prove that Petitioner is at risk of flight and/or a danger to the community such that continued detention is necessary. Id. at 1245; see also Diaz v. Noem, No. 26-cv-00882-NYW, 2026 WL 806716, at *4 (D. Colo. Mar. 24, 2026) (concluding that the government bears the burden of proof at a Section 1226(a) bond hearing where a petitioner is initially erroneously detained under Section 1225); Lopez v. Noem, No. 25-cv-04089-NYW, 2026 WL 206220, at *5 (D. Colo. Jan. 27, 2026) (same); Abanil v. Baltazar, No. 25-cv-4029-WJM-STV, 2026 WL 100587, at *8 (D. Colo. Jan. 14, 2026) (finding it clear that the weight of authority in this District requires that the Government bear the burden of justifying a noncitizen's continued detention at a bond hearing); Arauz v. Baltazar, No. 1:25-cv-03260-CNS, 2025 WL 3041840, *4 n.3 (D. Colo. Oct. 31, 2025) (holding that the burden rests with the government of justifying a noncitizen's continued detention); Espinoza Ruiz v. Baltazar, No. 1:25-cv-03642-CNS, 2025 WL 3294762, at *2 (D. Colo. Nov. 26, 2025) (same); Loa Caballero v. Baltazar, No. 25-cv-3120-NYW, 2025 WL 2977650, at *9 (D. Colo. Oct. 22, 2025) (same). And the Court agrees with those Courts that have set the burden at clear and convincing evidence. See, e.g., Velasquez Salazar, 806 F. Supp. 3d at 1245; Abanil, 2026 WL 100587, at *8. For the reasons that have been articulated in these numerous similar cases, the Court therefore finds that the Government shall bear the burden of proof by clear and convincing evidence at Petitioner's bond hearing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/22/2026. Text Only Entry(stvlc6, ) (Entered: 04/22/2026)

Apr 22, 2026

Order on Motion to Clarify

#12

Apr 24, 2026

Judgment - Clerk

#14

May 06, 2026

Enforce

May 06, 2026

Minute Order

May 14, 2026

Minute Order

#21

May 20, 2026

Order on Motion to Enforce