District of Colorado • 1:26-cv-01533

#1

Apr 10, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10940978)Attorney Inga Bergel added to party LORENZO VARGAS-GUTIERREZ (pty:dft), filed by LORENZO VARGAS-GUTIERREZ. (Attachments: # 1 Exhibit)(Bergel, Inga) (Entered: 04/10/2026)

#2

Apr 10, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 04/13/2026)

#3

Apr 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. (eguth, ) (Entered: 04/13/2026)

#4

Apr 15, 2026

NOTICE of Entry of Appearance by Lisa Ann Guerra on behalf of Lorenzo Vargas-GutierrezAttorney Lisa Ann Guerra added to party Lorenzo Vargas-Gutierrez(pty:pet) (Guerra, Lisa) (Entered: 04/15/2026)

#5

Apr 20, 2026

ORDER by Magistrate Judge Susan Prose on April 20, 2026. Upon review of Petitioner's Application for Writ of Habeas Corpus (ECF No. 1, the "Petition"), which requests, inter alia, that the court grant the Petition, assume jurisdiction, order that Respondents not transfer the Petitioner outside of this District before the court rules on the Petition, and order Petitioner's immediate release, or, in the alternative, that Petitioner be granted a bond hearing, it is ORDERED that Petitioner shall serve Respondents with a copy of the Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before April 22, 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 Petition and SHOW CAUSE why the Petition shall not be granted. In doing so, Respondents are asked to briefly address whether the issues presented here are materially different from the issues this court has resolved in its prior rulings in Merchan-Pacheco v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents are also asked to briefly address whether Petitioner has failed to administratively exhaust the claims asserted in the Petition. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form [ECF No. 3] no less than seven days from the date of this Order. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the Petition. Text Only Entry (sbplc9, ) (Entered: 04/20/2026)

#6

Apr 20, 2026

SUMMONS Returned Executed by Lorenzo Vargas-Gutierrez. Lorenzo Vargas-Gutierrez served on 4/20/2026, answer due 5/11/2026. (Attachments: # 1 Exhibit)(Bergel, Inga) (Entered: 04/20/2026)

Apr 20, 2026

Order

#7

Apr 22, 2026

NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltasar, Markwayne Mullin, Todd Blanche, George ValdezAttorney Benjamin Henry Gibson added to party Juan Baltasar(pty:res), Attorney Benjamin Henry Gibson added to party Markwayne Mullin(pty:res), Attorney Benjamin Henry Gibson added to party Todd Blanche(pty:dft), Attorney Benjamin Henry Gibson added to party George Valdez(pty:dft) (Gibson, Benjamin) (Entered: 04/22/2026)

#8

Apr 27, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltasar, Markwayne Mullin, Defendants Todd Blanche, George Valdez All parties consent.. (Gibson, Benjamin) (Entered: 04/27/2026)

#9

Apr 28, 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 8 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, 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 04/28/2026. Text Only Entry. (agryan) (Entered: 04/28/2026)

#10

Apr 28, 2026

RESPONSE to 5 Order,,,,,,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltasar, Markwayne Mullin, Defendants Todd Blanche, George Valdez. (Attachments: # 1 Exhibit A - Mendoza Gutierrez Briefing)(Gibson, Benjamin) (Entered: 04/28/2026)

Apr 28, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#11

May 06, 2026

ORDER by Magistrate Judge Susan Prose on May 6, 2026. The Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED in part as set forth below. 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-00024-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). Respondents acknowledge that this Court's prior ruling would lead the Court to reach the same result here if the Court adheres to Arenas, as the facts of this case are not materially distinguishable from that decision for purposes of the legal issue of whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Respondents incorporate by reference their legal arguments from Mendoza Gutierrez v. Baltazar, No. 25-cv-02720-RMR (D. Colo.), but cite no source of law binding upon this Court that would require reconsideration of the analysis in Arenas and Merchan-Pacheo. The Court finds no reason to revisit those rulings at this time. The Court therefore refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, which apply with equal force here and establish that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). The Court notes that Petitioner requests immediate release within one day and, in the alternative, a bond hearing within seven days. Petitioner raises no developed argument that immediate release (as opposed to a bond hearing) is the appropriate remedy here. The Court therefore finds that directing a bond hearing under § 1226(a) is the proper relief.The Court ORDERS Respondents to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) no later than seven (7) days from the date of this Order (i.e., by May 13, 2026). Respondents shall file a status report confirming that the bond hearing has been conducted no later than ten (10) days from the date of this Order (i.e., by May 16, 2026). If Petitioner has not received the bond hearing by the time the status report is due, Petitioner shall be immediately released from custody under appropriate conditions of supervision. At the bond hearing, the immigration judge shall place the burden on Respondents to demonstrate by clear and convincing evidence that Petitioner is a flight risk or a danger to the community. The Court declines to reach Petitioner's additional arguments because the statutory claim resolved above is dispositive. See, e.g., Leyva Ramirez v. Baltasar, No. 26-cv-00199-NYW, 2026 WL 318989, at *34 (D. Colo. Feb. 6, 2026). No further prospective injunctive relief is warranted. See Montanez de la Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *35 (D. Colo. Feb. 17, 2026). Respondents remain enjoined from transferring Petitioner outside the jurisdiction of the District of Colorado pending the bond hearing and further order of the Court. Text Only Entry (sbplc9, ) (Entered: 05/06/2026)

#12

May 06, 2026

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of Juan Baltasar, Todd Blanche, Pamela Bondi, Robert Guadian, Markwayne Mullin, George ValdezAttorney Jennifer Rose Lake added to party Juan Baltasar(pty:res), Attorney Jennifer Rose Lake added to party Todd Blanche(pty:dft), Attorney Jennifer Rose Lake added to party Pamela Bondi(pty:res), Attorney Jennifer Rose Lake added to party Robert Guadian(pty:res), Attorney Jennifer Rose Lake added to party Markwayne Mullin(pty:res), Attorney Jennifer Rose Lake added to party George Valdez(pty:dft) (Lake, Jennifer) (Entered: 05/06/2026)

May 06, 2026

Order

#13

May 07, 2026

Withdraw as Attorney

May 09, 2026

Order on Motion to Withdraw as Attorney

May 20, 2026

Minute Order