District of Colorado • 1:26-cv-02209

#1

May 20, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11027004)Attorney Claire Elizabeth Dixon added to party Efrain Sandoval Hernandez (pty:dft), filed by Efrain Sandoval Hernandez. (Attachments: # 1 Order to show cause, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Dixon, Claire) (Entered: 05/20/2026)

#2

May 20, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry. (jberr, ) (Entered: 05/21/2026)

#3

May 21, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/21/2026)

#4

May 21, 2026

ORDER Upon review of the Petition for Writ of Habeas Corpus 1, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before May 28, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Based upon a preliminary review of the Petition, the facts of this case appear to be controlled by the Courts analysis in Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). Consequently, within five days of service, Respondents shall RESPOND to the Petition SHOW CAUSE why it should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Aleman Hernandez in any material respect, and if so, shall specify the material differences. 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 Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Judge S. Kato Crews on 5/21/2026. Text Only Entry (skclc4) (Entered: 05/21/2026)

May 21, 2026

Order

#5

May 26, 2026

NOTICE of Entry of Appearance by Lila Marie Bateman on behalf of Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullins, George ValdezAttorney Lila Marie Bateman added to party Juan Baltazar(pty:res), Attorney Lila Marie Bateman added to party Todd Blanche(pty:res), Attorney Lila Marie Bateman added to party Todd M. Lyons(pty:res), Attorney Lila Marie Bateman added to party Markwayne Mullins(pty:res), Attorney Lila Marie Bateman added to party George Valdez(pty:res) (Bateman, Lila) (Entered: 05/26/2026)

#6

May 26, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullins, George Valdez All parties consent.. (Bateman, Lila) (Entered: 05/26/2026)

#7

May 26, 2026

ORDER REFERRING CASE TO UNITED STATES MAGISTRATE JUDGE it is ORDERED that: (1) This action is hereby REFERRED for final disposition to United States Magistrate Judge Prose pursuant to 28 U.S.C. § 636(c), Rule 73 of the Federal Rules of Civil Procedure, and Local Rule 72.2; (2) The Clerk of Court shall REASSIGN this action to Magistrate Judge Prose; (3) Magistrate Judge Prose shall conduct all further proceedings in this case, including, without limitation, trial and entry of a final judgment; and (4) The Parties are DIRECTED to use the following case number for all future filings in this case: 26-cv-02209-SBP. By Judge S. Kato Crews on 05/26/2026. (jrobe, ) (Entered: 05/26/2026)

#8

May 27, 2026

NOTICE Proof of service by Petitioner Efrain Sandoval Hernandez (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Dixon, Claire) (Entered: 05/27/2026)

#9

Jun 01, 2026

ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullins, George Valdez. (Attachments: # 1 Exhibit A)(Bateman, Lila) (Entered: 06/01/2026)

#10

Jul 02, 2026

NOTICE of Supplemental Authorities re: 9 Answer to Complaint by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullins, George Valdez (Bateman, Lila) (Entered: 07/02/2026)

#11

Sep 08, 2026

ORDER by Magistrate Judge Susan Prose on 09/08/2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED in part. 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 Aleman Hernandez v. Baltazar, No. 25-cv-03688-SKC-SBP, 2025 WL 3718159 (D. Colo. Dec. 23, 2025). See also, e.g., Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents also acknowledge that this court's prior rulings would lead the court to reach the same result here, assuming the court adheres to the analysis articulated in, e.g., Aleman Hernandez v. Baltazar. Moreover, the court notes that Respondents have cited no source of law binding upon this court in cursorily arguing that the court should reconsider its prior ruling. The court finds that Respondents have provided the court with no reason to revisit its prior rulings at this time. Accordingly, the court refers the parties to Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, finding that the analyses provided in these cases apply in this matter and that, accordingly, Petitioner is entitled to a bond hearing. The court notes that, technically, Petitioner requests his immediate release and only requests a bond hearing in the alternative. However, the court finds that Petitioner raises no actual argument that he is entitled to immediate release; instead, his arguments support the assertion that he is entitled to a bond hearing. The court therefore finds that granting Petitioner a bond hearing remains the appropriate remedy here. It is therefore ORDERED that Respondents, within seven days of the date of this order, shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), during which the government shall bear the burden of proving that Petitioner's continued detention is justified by clear and convincing evidence. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (citations omitted); see also, e.g., Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026) ("[T]he weight of authority in this District is clear: it is the Government's burden to justify a noncitizen's continued detention at a bond hearing." (citation modified) (collecting cases)); Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025) (finding that "the clear and convincing standard that generally applies to civil detention where liberty is at stake is appropriate here as well"). But see De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *4 (D. Colo. Feb. 17, 2026) (declining to place this burden on the government in a similar case). It is further ORDERED that within five days of Petitioner's bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied. Text Only Entry (sjeff) (Entered: 09/08/2026)

Sep 08, 2026

Order

#12

Sep 17, 2026

First MOTION to Withdraw as Attorney by Petitioner Efrain Sandoval Hernandez. (Dixon, Claire) (Entered: 09/17/2026)

#13

Sep 21, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd M. Lyons, Markwayne Mullins, George Valdez. (Attachments: # 1 Exhibit)(Bateman, Lila) (Entered: 09/21/2026)

#14

Sep 23, 2026

ORDER by Magistrate Judge Susan Prose on 09/23/2026. This matter is before the court on Respondents' 13 Status Report. On September 8, 2026, the court granted petitioner's habeas petition and ordered respondents to provide petitioner with a bond hearing within seven days of the date of the court's order (ECF No. 11 ). The Respondents have now filed a status report informing the court that petitioner was given a bond redetermination hearing on September 15, 2026 and bond was denied (ECF No. 13 ). Further, the 12 Motion to Withdraw as Attorney is GRANTED. Claire Dixon is no longer counsel for Petitioner and the Clerk's Office is requested to remove Ms. Dixon from the ECF distribution list for the case. As a one-time courtesy, the Clerks Office is directed to provide a copy of this notice to Lisa Guerra, Esq., who appeared on behalf of Respondent at the September 15, 2026 Bond Redetermination Hearing (ECF No. [13-1]).The Clerk's Office is directed close the case.Text Only Entry (sjeff) (Entered: 09/23/2026)

#15

Sep 23, 2026

FINAL JUDGMENT pursuant to Orders 11 and 14 . Entered by the Clerk of the Court on 09/23/2026. (sjeff) (Entered: 09/23/2026)

#16

Sep 23, 2026

CERTIFICATE of Service by US Mail by Clerk of Court re 14 Order, to Lisa A. Guerra, Esq., 9350 E Arapahoe Rd, Ste 400, Greenwood Village, CO 80112. Text Only Entry (sjeff) (Entered: 09/23/2026)

Sep 23, 2026

Order on Motion to Withdraw as Attorney

#18

Oct 01, 2026

Enforce