District of Colorado • 1:26-cv-01390

#1

Apr 01, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number BCODC-10921078)Attorney Leanne Reetz Hightower added to party Anthony Jonathan Hernandez Montes(pty:pet), filed by Anthony Jonathan Hernandez Montes. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Form I-213, # 3 Exhibit Exhibit 2 - Notice to Appear, # 4 Exhibit Exhibit 3 - Order of Release on Recognizance, # 5 Exhibit Exhibit 4 - Order Granting Withholding of Removal)(Hightower, Leanne) (Entered: 04/01/2026)

#2

Apr 01, 2026

Emergency MOTION for Temporary Restraining Order by Petitioner Anthony Jonathan Hernandez Montes. (Hightower, Leanne) (Entered: 04/01/2026)

#3

Apr 01, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 04/02/2026)

#4

Apr 02, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 04/02/2026)

Apr 02, 2026

Minute Order

Apr 20, 2026

Minute Order

#10

Apr 30, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, motion for a temporary restraining order, and Respondents' response to the same. See ECF Nos. 1, 2, 9 . In light of the issues presented, Petitioner may file a reply brief to Respondents' response, see ECF No. 9, on or before May 5, 2026. While Petitioner's reply may address any arguments in the response, the Court requests that Petitioner at least provide additional information regarding the circumstances and result of Petitioner's December 29, 2025 Post Order Custody Review with ICE. To the extent any documentation was provided to Petitioner in connection with that Review, Petitioner may file such documentation as an attachment to the reply. By Judge Charlotte N. Sweeney on 4/30/2026. Text Only Entry (cnsja, ) (Entered: 04/30/2026)

Apr 30, 2026

Minute Order

#11

May 04, 2026

REPLY to Response to 2 Emergency MOTION for Temporary Restraining Order filed by Petitioner Anthony Jonathan Hernandez Montes. (Attachments: # 1 Exhibit Exhibit 5 - Notice to Alien of File Custody Review, # 2 Exhibit Exhibit 6 - Warning for Failure to Depart)(Hightower, Leanne) (Entered: 05/04/2026)

#12

May 05, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, motion for a temporary restraining order, Respondents' response, and Petitioner's reply. See ECF Nos. 1, 2, 9, 11 . In the reply, Petitioner contends that the government has provided him with neither "a statement nor evidence that [it] has contacted the Mexican government and requested [that] Mexico accept the Petitioner." ECF No. 11 at 4; see also id. at 5 ("D.O. Wallace did not state that Mexico agreed to accept Petitioner, but only if the U.S. acquires his signature that state he wants to go to Mexico.") (emphasis in original). Petitioner also notes that Respondents have not represented or provided any proof that Petitioner's travel arrangements to Mexico have been contemplated or obtained. Id. at 4. Additionally, Petitioner contends that Respondents "fail to cite the statute or regulation that grants them authority to demand" that Petitioner sign a Notice of Removal to Mexico despite Petitioner having previously claimed fear of persecution or torture. Id. Petitioner also contends that, until filing this action, he had not received any notice of the custody review that Respondents claim took place on December 4, 2025. Id. at 2. The Court notes that Respondents also do not explain or provide any documentation regarding why Petitioner's custody review was denied. Finally, Petitioner contends that neither he nor his attorney received notification of the government's determination that Petitioner failed to establish that it is more likely than not that he will be persecuted or tortured if removed to Mexico. Id. at 3 n.1. In light of the foregoing, the Court hereby ORDERS Respondents to file a sur-reply on or before May 8, 2026. Respondents' sur-reply may address any issues it deems relevant but, at a minimum, should address the issues identified in this Order. By Judge Charlotte N. Sweeney on 5/5/26. Text Only Entry (jdyne, ) (Entered: 05/05/2026)

May 05, 2026

Minute Order

#13

May 08, 2026

REPLY to 8 Minute Order,,,, 12 Minute Order,,,,,,,, by Respondents Pamela Bondi, Dawn Ceja, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A)(Brown, Logan) (Entered: 05/08/2026)

#14

May 26, 2026

Order on Motion for TRO

#15

May 26, 2026

Judgment