District of Colorado • 1:26-cv-01967

#1

May 06, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 117948), filed by Jose Daniel Diaz Colmenarez. (Attachments: # 1 Envelope, # 2 Receipt)(dhern, ) (Additional attachment(s) added on 5/11/2026: # 3 Exhibit) (dhern, ). (Entered: 05/11/2026)

#2

May 06, 2026

MOTION for Expedited Consideration by Petitioner Jose Daniel Diaz Colmenarez. (dhern, ) (Entered: 05/11/2026)

#3

May 06, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 05/11/2026)

#4

May 12, 2026

ORDER Directing Petitioner to Cure Deficiencies. It is ORDERED that Petitioner cure the deficiencies designated above within thirty (30) days from the date of this order. If Petitioner fails to cure all designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. It is FURTHER ORDERED that Petitioner's Motion for Expedited Consideration (ECF No. 2 ) is DENIED WITHOUT PREJUDICE as premature. Petitioner must first cure thefiling deficiencies identified above, by Magistrate Judge Richard T. Gurley on 5/12/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(echa, ) (Entered: 05/12/2026)

#5

Jun 11, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Jose Daniel Diaz Colmenarez.(echa, ) (Entered: 06/11/2026)

#6

Jun 22, 2026

ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 6/22/2026. After review under D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). It is ORDERED that that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-01967-KAS). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) (Entered: 06/22/2026)

#7

Jun 22, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) (Entered: 06/22/2026)

#8

Jun 22, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that the Clerk of Court is directed to serve the Amended Petition [# 5 ] and a copy of this Minute Order on the Respondent, the United States Attorney's Office for the District of Colorado, and the Attorney General of the United States. IT IS FURTHER ORDERED that Respondent shall show cause within five days from the date of service why the Petition [# 5 ] should not be granted. IT IS FURTHER ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [# 7 ] is the same as Respondents' deadline to file a Response. IT IS FURTHER ORDERED, pursuant to the All Writs Act, 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 Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 6/22/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) (Entered: 06/22/2026)

#9

Jun 22, 2026

CERTIFICATE of Service by Clerk of Court re Service of Process of 5 Amended Application for Writ of Habeas Corpus, 7 Magistrate Judge Consent Form 8 Order to Show Cause. (Attachments: # 1 Certified Mail Receipts) (echa, ) (Entered: 06/22/2026)

#10

Jun 23, 2026

ACKNOWLEDGEMENT LETTER OF RECEIPT by United States Attorney's Office for the District of Colorado. (echa, ) (Entered: 06/23/2026)

#11

Jun 29, 2026

CERTIFIED MAIL RETURN as to Juan Baltazar. (echa, ) (Entered: 06/29/2026)

#12

Jun 29, 2026

RESPONSE by Respondent Juan BaltazarAttorney Logan P. Brown added to party Juan Baltazar(pty:res). (Brown, Logan) (Entered: 06/29/2026)

#13

Jun 29, 2026

STRICKEN - RESPONSE by Respondent Juan Baltazar. (Brown, Logan) Modified on 7/17/2026 to strike pursuant to 20 Minute Order (echa, ). (Entered: 06/29/2026)

#14

Jun 29, 2026

ERRATA re 13 Response by Respondent Juan Baltazar. (Brown, Logan) (Entered: 06/29/2026)

#15

Jul 01, 2026

MINUTE ORDER. This matter is before the Court sua sponte. The deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [# 7 ] was the same as Respondents deadline to file a Response. Order to Show Cause [# 8 ]. Seeing no Consent Form, IT IS HEREBY ORDERED that the parties shall file a signed Consent Form no later than July 6, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 7/1/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (echa, ) Modified on 7/1/2026 to correct language (echa, ). (Entered: 07/01/2026)

#16

Jul 01, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Jose Daniel Diaz Colmenarez. Petitioner consents. (echa, ) (Entered: 07/01/2026)

Jul 01, 2026

Order

#17

Jul 09, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Juan Baltazar All parties consent.. (Brown, Logan) (Entered: 07/09/2026)

#18

Jul 09, 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 16 and 17 Elections Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Kathryn A. Starnella, 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 7/9/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (rkeec) (Entered: 07/09/2026)

Jul 09, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#19

Jul 15, 2026

CERTIFIED MAIL RETURN as to the United States Attorney General. (echa, ) (Entered: 07/15/2026)

#20

Jul 17, 2026

MINUTE ORDER. This matter is before the Court on the Notice of Errata Re: ECF No. 13 [# 14 ]. The Notice indicates that Respondent Baltazar's Response [# 13 ] was erroneously filed in this case. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court strike the Response [# 13 ] as erroneously filed. Entered by Magistrate Judge Kathryn A. Starnella on 7/17/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (echa, ) (Entered: 07/17/2026)

#21

Jul 17, 2026

MINUTE ORDER. IT IS HEREBY ORDERED that the Petition [# 5 ] is GRANTED in part. IT IS FURTHER ORDERED that Respondents shall provide Petitioner with a bond hearing within 7 days of the issuance of this Order. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is justified. If Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention. IT IS FURTHER ORDERED that, within 10 days of the issuance of this Order, Respondents shall file a status report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, the date upon which Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required. Entered by Magistrate Judge Kathryn A. Starnella on 7/17/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) (Entered: 07/17/2026)

Jul 17, 2026

Order

#24

Jul 28, 2026

Enforce