District of Colorado • 1:26-cv-02680

#1

Jun 16, 2026

Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11082475)Attorney Cheryl Louise Trine added to party Marvin Alexander Mejia-Alvarado(pty:pet), filed by Marvin Alexander Mejia-Alvarado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Trine, Cheryl) (Entered: 06/16/2026)

#2

Jun 16, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Cheryl Trine. 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) (jberr, ) (Entered: 06/16/2026)

#3

Jun 16, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jberr, ) (Entered: 06/16/2026)

#4

Jun 16, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jberr, ) (Entered: 06/16/2026)

#5

Jun 17, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 6/17/2026. Respondents must show cause within seven (7) days from the date of this Order why the Application for a writ of habeas corpus should not be granted. ORDERED that within fourteen (14) days of Respondents' answer to this Order to Show Cause, Petitioner may file a reply. ORDERED that, pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before June 24, 2026. (sphil, ) (Entered: 06/17/2026)

#6

Jun 24, 2026

NOTICE of Entry of Appearance by Elliot Wertheim on behalf of Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Robert Hagan, Markwayne Mullin, U.S. Department of Homeland Security, David VenturellaAttorney Elliot Wertheim added to party Juan Baltasar(pty:res), Attorney Elliot Wertheim added to party Todd Blanche(pty:res), Attorney Elliot Wertheim added to party Executive Office for Immigration Review(pty:res), Attorney Elliot Wertheim added to party Robert Hagan(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res), Attorney Elliot Wertheim added to party U.S. Department of Homeland Security(pty:res), Attorney Elliot Wertheim added to party David Venturella(pty:res) (Wertheim, Elliot) (Entered: 06/24/2026)

#7

Jun 24, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Robert Hagan, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella All parties consent.. (Wertheim, Elliot) (Entered: 06/24/2026)

#8

Jun 24, 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 7 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Scott T. Varholak, 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 06/24/2026. Text Only Entry. (agryan) (Entered: 06/24/2026)

#9

Jun 24, 2026

ANSWER to Complaint by Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Robert Hagan, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella.(Wertheim, Elliot) (Entered: 06/24/2026)

#10

Jun 24, 2026

ORDER granting 1 Marvin Alexander Mejia-Alvarado's Petition for Writ of Habeas Corpus (the "Petition"). The parties have consented to proceed before a United States Magistrate Judge for all proceedings, including entry of a final judgment [#7]. Respondents indicate in their Answer [#9] to this Court's Order to Show Cause [#5] that, though they maintain that Petitioner's detention is lawful, they are not submitting a brief in opposition to the Petition. The Court thus GRANTS the Petition for the same reasons articulated in numerous other decisions produced by this Court and this District. See Inestroza Paguada v. Choate, No. 25-cv-03970-STV, 2026 WL 621282 (D. Colo. Mar. 5, 2026); Hernandez-Redondo v. Bondi, No. 25-cv-03993-PAB, 2026 WL 290989 (D. Colo. Feb. 4, 2026); Martinez Escobar v. Baltazar, No. 26-cv-00296-NYW, 2026 WL 503313 (D. Colo. Feb. 24, 2026); Tumax Caniz v. Warden, No. 25-cv-03969-NRN, 2026 WL 820813 (D. Colo. Mar. 25, 2026); Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159 (D. Colo. Dec. 23, 2025). And this Court has previously opined that, in circumstances resembling those of this case, the appropriate remedy is to provide Petitioner with a bond hearing under Section 1226(a) at which the government bears the burden of proving by clear and convincing evidence that Petitioner's continued detention is necessary to prevent flight or danger to the community. See, e.g., Arreola Diaz v. Baltazar, No. 26-cv-01248-STV, 2026 WL 1256550, at *1 (D. Colo. May 7, 2026). Though Petitioner requests that this bond hearing take place before this Court, the Court does not find this to be appropriate, as the appropriate remedy has been articulated in prior opinions. Additionally, the Court finds it premature to enjoin Respondents from rearresting and detaining Petitioner for reasons articulated in opinions addressing requests for similar relief. See, e.g., Latacunga v. Dedos, No. 26-cv-00312 JB/JFR, 2026 WL 948865, at *16 (D.N.M. Apr. 8, 2026). Accordingly, the Court ORDERS that (1) the Petition is GRANTED to the extent it seeks a bond hearing; (2) Respondents shall provide Petitioner with a bond hearing in which the Government bears the burden of proof by clear and convincing evidence under 8 U.S.C. § 1226(a) within SEVEN DAYS of the date of this Court's Order; and (3) Respondents shall file a status report within TEN DAYS of the date of this Court's order to certify compliance. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. To the extent Petitioner seeks an award of attorney's fees, he may file a separate motion for fees that complies with the Federal Rules of Civil Procedure and the Local Rules of Practice for this District. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/24/2026. Text Only Entry (stvlc7, ) (Entered: 06/24/2026)

Jun 24, 2026

Order on Consent to Jurisdiction of Magistrate Judge

Jun 24, 2026

Order

#11

Jun 30, 2026

Judgment - Clerk