District of Colorado • 1:26-cv-02098

#1

May 15, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11015660)Attorney Jodi Ellen Ziesemer added to party Rigoberto Gutierrez Ramirez(pty:dft), filed by Rigoberto Gutierrez Ramirez.(Ziesemer, Jodi) (Entered: 05/15/2026)

#2

May 15, 2026

NOTICE of Entry of Appearance by Jodi Ellen Ziesemer on behalf of Rigoberto Gutierrez Ramirez (Ziesemer, Jodi) (Entered: 05/15/2026)

#3

May 15, 2026

First MOTION for Temporary Restraining Order by Defendant Rigoberto Gutierrez Ramirez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Ziesemer, Jodi) (Entered: 05/15/2026)

#4

May 15, 2026

NOTICE of Supplemental Authorities by Defendant Rigoberto Gutierrez Ramirez (Ziesemer, Jodi) (Entered: 05/15/2026)

#5

May 15, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 4 Notice of Supplemental Authorities, 2 Notice of Entry of Appearance, 3 First MOTION for Temporary Restraining Order, 1 Application for Writ of Habeas Corpus, filed by attorney Jodi Ziesemer. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (manoe, ) (Entered: 05/15/2026)

#6

May 15, 2026

First AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241, filed by Rigoberto Gutierrez Ramirez. (Attachments: # 1 Civil Cover Sheet)(Ziesemer, Jodi) (Entered: 05/15/2026)

#7

May 15, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (manoe, ) (Entered: 05/15/2026)

#8

May 15, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 05/15/2026)

#9

May 15, 2026

NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Rigoberto Gutierrez RamirezAttorney Hans Christopher Meyer added to party Rigoberto Gutierrez Ramirez(pty:pet) (Meyer, Hans) (Entered: 05/15/2026)

#10

May 18, 2026

MINUTE ORDER: Before the Court is Petitioner Rigoberto Gutierrez Ramirez's Verified Petition for Habeas Corpus, ECF No. 1, and Motion for Temporary Restraining Order And/Or Preliminary Injunction, ECF No. 3 . In the Petition, Petitioner requests that the Court issue a writ of habeas corpus requiring that Respondents release him. ECF No. 1 at 20. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than three calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and TRO motion and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), 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. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 5/18/2026. Text Only Entry (cnsja, ) (Entered: 05/18/2026)

May 18, 2026

Minute Order

#11

May 19, 2026

Notice of Filing of Proof of Service by Rigoberto Gutierrez Ramirez. Juan Baltazar served on 5/19/2026, Todd Blanche served on 5/19/2026, ; Todd Lyons served on 5/19/2026, Markwayne Mullin served on 5/19/2026, George Valdez served on 5/19/2026. (Attachments: # 1 Exhibit Exh. 1 Fed Ex Delivery, # 2 Exhibit Exh. 2 Email Delivery)(Ziesemer, Jodi) Modified on 5/19/2026 to remove answer deadlines. (sphil, ). (Entered: 05/19/2026)

#12

May 29, 2026

NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party George Valdez(pty:res) (Jafek, Timothy) (Entered: 05/29/2026)

#13

Jun 01, 2026

RESPONSE to 6 Amended Application for Writ of Habeas Corpus by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Mendoza Gutierrez brief)(Jafek, Timothy) (Entered: 06/01/2026)

#14

Jun 02, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, motion for a temporary restraining order and/or injunctive relief, and Respondents' response to the same. See ECF Nos. 1, 3, 13 . As Respondents acknowledge, the "central legal issue presented in this case" "is not materially different from an issue this Court has resolved in a prior ruling in another case." See ECF No. 13 at 2 (citing Nava Hernandez v. Baltazar, No. 25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025)). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here" as in Nava Hernandez because "the facts of this case are not materially distinguishable from that case for purposes of the Court's decision on the legal issue of whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)." Id. at 4. In light of these representations and the Court's prior analyses regarding the applicability of 8 U.S.C. § 1225 and 8 U.S.C. § 1226, see generally Hernandez v. Baltazar, et al., No. 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025), Singh v. Baltazar, 26-cv-00336-CNS, 2026 WL 352870 (D. Colo. Feb. 9, 2026), the Court GRANTS Petitioner's petition, ECF No. 1 . It is ORDERED that Respondents SHALL provide Petitioner with a bond hearing pursuant § 1226 within FIVE DAYS of this order, at which the government will bear the burden of demonstrating to an immigration judge (IJ) by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. To the extent Petitioner is granted release on bond by an IJ, Respondents are ENJOINED from unduly delaying Petitioner's payment or processing of bond once it is issued. Respondents SHALL FILE a status report within TWO DAYS of Petitioners § 1226 bond hearing to certify compliance with this Order and inform the Court of the status of Petitioner's request for bond, including whether Petitioner was released from detention and, if so, what conditions were imposed, if any. Because the Court's ruling affords Petitioner the relief she seeks, the Court need not address Petitioner's remaining arguments at this time. See Loa Caballero v. Baltazar, et al., No. 1:25-cv-3120-NYW, 2025 WL 2977650, at *8 (D. Colo. Oct. 22, 2025) (declining to rule on petitioner's remaining claims after granting petitioner all relief sought under § 1226(a)); Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996, at *3 (D. Mass. Oct. 3, 2025) (declining to address petitioner's due process and APA arguments after finding in petitioner's favor on statutory claim). By Judge Charlotte N. Sweeney on 6/2/26. Text Only Entry (jdyne, ) (Entered: 06/02/2026)

Jun 02, 2026

Minute Order

#15

Jun 04, 2026

ORDER denied as moot 3 Motion for Temporary Restraining Order. See ECF No. 14. By Judge Charlotte N. Sweeney on 6/4/2026. Text Only Entry(cnsja, ) (Entered: 06/04/2026)

Jun 04, 2026

Order on Motion for TRO