District of Colorado • 1:26-cv-02759

#1

Jun 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11089863)Attorney Inga Bergel added to party VICENTE JOSEFAT RODRIGUEZ-GOMEZ(pty:dft), filed by VICENTE JOSEFAT RODRIGUEZ-GOMEZ. (Attachments: # 1 Civil Cover Sheet)(Bergel, Inga) (Entered: 06/19/2026)

#2

Jun 19, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, ) (Entered: 06/23/2026)

#3

Jun 23, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) (Entered: 06/23/2026)

#4

Jun 24, 2026

Order to Show Cause

#5

Jun 30, 2026

SUMMONS Returned Executed upon defendant(s) Robert Guadian served on 6/27/2026, answer due 8/26/2026; Markwayne Mullin served on 6/27/2026, answer due 8/26/2026; Juan Baltasar served on 6/27/2026, answer due 8/26/2026; Todd Blanche served on 6/27/2026, answer due 8/26/2026., AFFIDAVIT/RETURN of Service of Habeas Corpus Petition, Order, All Documents on Docket upon Respondents on 06/27/2026, filed by Petitioner Vicente Josefat Rodriguez-Gomez (Attachments: # 1 Exhibit 1)(Bergel, Inga) (Entered: 06/30/2026)

#6

Jul 01, 2026

RESPONSE to 4 Order to Show Cause,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltasar, Todd Blanche, Robert Guadian, Markwayne MullinAttorney Logan P. Brown added to party Juan Baltasar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Robert Guadian(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res). (Brown, Logan) (Entered: 07/01/2026)

#7

Jul 07, 2026

MINUTE ORDER This matter is before the Court sua sponte. The deadline for the parties to file the consent form was 7/1/2026. [#4] To date, the Court has not received the required filing. Accordingly, the Court extends the deadline for the parties to file the consent form to 7/10/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/7/2026. Text Only Entry (stvlc6, ) (Entered: 07/07/2026)

Jul 07, 2026

Minute Order

#8

Jul 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Vicente Josefat Rodriguez-Gomez All parties consent.. (Bergel, Inga) (Entered: 07/08/2026)

#9

Jul 08, 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 8 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 7/8/2026. Text Only Entry. (rkeec) (Entered: 07/08/2026)

Jul 08, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#10

Jul 23, 2026

Order to Show Cause

#11

Jul 24, 2026

ORDER granting 1 Vicente Josefat Rodriguez-Gomez'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 [#8]. Respondents indicate in their Response [#6] to this Court's Order to Show Cause [#4] that they are not submitting a brief in opposition to the Petition. Since the filing of this Petition, the Tenth Circuit has ruled on the issues before this Court. And it has found that the mandatory detention pursuant to Section 1225(b)(2)(A) "is limited to [Petitioners at] the border" of the United States. Quiroz v. Mullin, No. 26-6019, 2026 WL 1876709, at *8 (10th Cir. June 30, 2026). Thus where, as here, a petitioner is not detained at the border but is rather detained inside the United States, Section 1226 governs. See generally id. 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); see also Quiroz, 2026 WL 1876709, at *17 n.13 (finding that the appropriate remedy in a similar context is to require that the respondents provide a bond hearing or release the petitioner within seven days of the court's order granting the petition). 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, she 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 7/24/2026. Text Only Entry (stvlc6, ) (Entered: 07/24/2026)

Jul 24, 2026

Minute Order

#12

Jul 27, 2026

Judgment - Clerk

#13

Aug 03, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Robert Guadian, Markwayne Mullin. (Brown, Logan) (Entered: 08/03/2026)