District of Colorado • 1:26-cv-02549

#1

Jun 09, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11067795)Attorney Joseph Francis Rosales, III added to party JOSE MIGUEL PICADO GAMBOA (pty:pet), filed by JOSE MIGUEL PICADO GAMBOA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits 1-4 combined)(Rosales, Joseph) (Entered: 06/09/2026)

#2

Jun 09, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (manoe, ) (Entered: 06/10/2026)

#3

Jun 09, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 06/10/2026)

#4

Jun 26, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on June 26, 2026. This matter is before the court on Petitioner Jose Miguel Picado Gamboa's "Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241" (ECF No. 1 ). Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before June 29, 2026. Petitioner shall file proof of service. Within seven days of service, respondents shall show cause why the 1 "Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241" should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). In doing so, Respondents are asked to address whether the issues presented here are materially different from the issues this court has resolved in its prior rulings in Merchan-Pacheo 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). Petitioner may file a reply within seven days of Respondents filing their response. Respondents are further ORDERED to address all legal arguments raised in the Petition and, further, to explain why Petitioner continues to be held without a bond hearing after being granted protection under the Convention Against Torture.It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) no later than seven days from the date of this Order. Text Only Entry (sjeff) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order

#5

Jun 29, 2026

Exhibits in Support Habeas Writ of Corpus by Petitioner Jose Miguel Picado Gamboa. (Rosales, Joseph) (Entered: 06/29/2026)

#6

Jul 02, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Jose Miguel Picado Gamboa All parties consent.. (Rosales, Joseph) (Entered: 07/02/2026)

#7

Jul 06, 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 6 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 07/06/2026. Text Only Entry. (agryan) (Entered: 07/06/2026)

#8

Jul 06, 2026

RESPONSE to 4 Minute Order,,,,,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Markwayne MullinAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Pamela Bondi(pty:res), Attorney Timothy Bart Jafek added to party Robert Hagan(pty:res), Attorney Timothy Bart Jafek added to party Todd M. Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res). (Jafek, Timothy) (Entered: 07/06/2026)

Jul 06, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#9

Aug 17, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Markwayne MullinAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Pamela Bondi(pty:res), Attorney Anh Weinberg added to party Robert Hagan(pty:res), Attorney Anh Weinberg added to party Todd M. Lyons(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res) (Weinberg, Anh) (Entered: 08/17/2026)

#10

Aug 18, 2026

MOTION to Withdraw as Attorney by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Jafek, Timothy) (Entered: 08/18/2026)

#11

Aug 19, 2026

ORDER GRANTING 10 Motion to Withdraw as Attorney by Magistrate Judge Susan Prose on August 19, 2026. Attorney Timothy Bart Jafek is no longer counsel for Respondents, and the Clerk's Office is requested to remove Mr. Jafek from the ECF distribution list for the case. Respondents continue to be represented by Attorney Anh Weinberg, who shall serve a copy of the Motion and this Order to their clients. See D.C.COLO.LAttyR 5.1(b). Text Only Entry (sbplc10) (Entered: 08/19/2026)

Aug 19, 2026

Order on Motion to Withdraw as Attorney

#12

Sep 10, 2026

ORDER by Magistrate Judge Susan Prose on 09/10/2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED in part. In light of Respondents' decision to forego filing a brief in opposition to the Petition, it is 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 Petitioners 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: 09/10/2026)

Sep 10, 2026

Order

#13

Sep 21, 2026

STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A_IJ Bond Order)(Weinberg, Anh) (Entered: 09/21/2026)

#14

Sep 25, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/23/2026. This matter is before the court on Respondents' 13 Status Report. On September 10, 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. 12 ). Respondents have now filed a status report informing the court that petitioner was provided a bond hearing on September 16, 2026 and was denied bond. (ECF No. 13 ). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/25/2026)

#15

Sep 25, 2026

FINAL JUDGMENT pursuant to Orders 12 and 14 . Entered by the Clerk of the Court on 09/25/2026. (sjeff) Modified on 9/25/2026 to correct date in docket text (sjeff). (Entered: 09/25/2026)

Sep 25, 2026

Minute Order

#16

Oct 01, 2026

Enforce