District of Colorado • 1:26-cv-02897

#1

Jun 27, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11106149)Attorney Ahmad M. Yakzan added to party Carlos Silvan-Hernandez(pty:pet), filed by Carlos Silvan-Hernandez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1)(Yakzan, Ahmad) (Entered: 06/27/2026)

#2

Jun 27, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Ahmad Yakzan. 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: 06/30/2026)

#3

Jun 27, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (jberr, ) (Entered: 06/30/2026)

#4

Jun 30, 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: 06/30/2026)

#5

Jul 01, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on July 1, 2026. This matter is before the court on Petitioner Carlos Silvan-Hernandez's Emergency Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief. (ECF No. 1 ). Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before July 6, 2026. Petitioner shall file proof of service. Within seven days of service, Respondents shall show cause why the 1 Emergency Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief 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. In addition, the Supreme Court has recognized that the express authority granted by the All Writs Act, 28 U.S.C. § 1651, empowers lower courts, in limited circumstances, to issue temporary injunctions as may be necessary to protect the status quo or their own jurisdiction. See FTC v. Dean Foods Co., 384 U.S. 597, 603, 608 (1966). Unless appropriately confined by Congress, a federal court may avail itself of all auxiliary writs as aids in the performance of its duties, when the use of such historic aids is calculated in its sound judgment to achieve the ends of justice entrusted to it. United States v. N.Y. Tel. Co., 434 U.S. 159, 17273 (1977) (quotation omitted). 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 into the jurisdiction of any other federal district court within the United States unless or until this court or the Court of Appeals for the Tenth Circuit vacates this Order. See Vizguerra-Ramirez v. Choate, No. 25-cv-00881-NYW, ECF No. 11 at 45 (D. Colo. Mar. 21, 2025) (collecting cases); Vazquez v. Baltazar, No. 25-cv-03049-GPG-TPO, ECF No. 11 (D. Colo. Oct. 2, 2025); Dean Foods Co., 384 U.S. at 603; Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 4 ) no less than seven days from the date of this Order. Text Only Entry. (sbplc11) (Entered: 07/01/2026)

Jul 01, 2026

Order to Show Cause

#6

Jul 06, 2026

SUMMONS Returned Executed by Carlos Silvan-Hernandez. Juan Baltazar served on 7/1/2026, answer due 7/22/2026; Todd Blanche served on 7/6/2026, answer due 7/27/2026; ICE Denver Field Office Director served on 7/1/2026, answer due 7/22/2026; Markwayne Mullin served on 7/6/2026, answer due 7/27/2026; David Venturella served on 7/6/2026, answer due 7/27/2026. (Attachments: # 1 Exhibit Proof of service)(Yakzan, Ahmad) (Entered: 07/06/2026)

#7

Jul 08, 2026

RESPONSE to 5 Order to Show Cause,,,,,,,,,,,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, ICE Denver Field Office Director, Markwayne Mullin, David VenturellaAttorney 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 ICE Denver Field Office Director(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party David Venturella(pty:res). (Jafek, Timothy) (Entered: 07/08/2026)

#8

Jul 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, ICE Denver Field Office Director, Markwayne Mullin, David Venturella All parties consent.. (Jafek, Timothy) (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 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 7/8/2026. Text Only Entry. (rkeec) (Entered: 07/08/2026)

Jul 08, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#10

Jul 28, 2026

First MOTION for Ruling on 1 Application for Writ of Habeas Corpus, Filed by Petitioner Carlos Silvan-Hernandez. (Yakzan, Ahmad) (Entered: 07/28/2026)

#11

Aug 17, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Todd Blanche, ICE Denver Field Office Director, Markwayne Mullin, David VenturellaAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Todd Blanche(pty:res), Attorney Anh Weinberg added to party ICE Denver Field Office Director(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res), Attorney Anh Weinberg added to party David Venturella(pty:res) (Weinberg, Anh) (Entered: 08/17/2026)

#12

Aug 18, 2026

MOTION to Withdraw as Attorney by Respondents Juan Baltazar, Todd Blanche, ICE Denver Field Office Director, Markwayne Mullin, David Venturella. (Jafek, Timothy) (Entered: 08/18/2026)

#13

Aug 19, 2026

ORDER GRANTING 12 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

#14

Sep 14, 2026

ORDER by Magistrate Judge Susan Prose on 09/14/2026. The 1 Emergency Petition 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 Governments burden to justify a noncitizens 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.Accordingly, Petitioners 10 Motion for Ruling is GRANTED. Text Only Entry(sjeff) (Entered: 09/14/2026)

Sep 14, 2026

Order on Motion for Ruling

#15

Sep 21, 2026

NOTICE re 14 Order on Motion for Ruling,,,,,, Status Report by Petitioner Carlos Silvan-Hernandez (Yakzan, Ahmad) (Entered: 09/21/2026)

#16

Sep 21, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, ICE Denver Field Office Director, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A_IJ Bond Order)(Weinberg, Anh) (Entered: 09/21/2026)

#17

Sep 25, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/25/2026. This matter is before the court on Respondents' 16 Status Report. On September 14, 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. 14 ). Respondents have now filed a status report informing the court that petitioner was given a bond hearing on September 18, 2026. On September 20, 2026, the immigration judge issued an order directing Petitioner's release from custody on bond (ECF No. 16 ). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/25/2026)

#18

Sep 25, 2026

FINAL JUDGMENT pursuant to Orders 14 and 17 . Entered by the Clerk of the Court on 09/25/2026. (sjeff) (Entered: 09/25/2026)

Sep 25, 2026

Minute Order

#19

Sep 30, 2026

Enforce Judgment