District of Colorado • 1:26-cv-03019

#1

Jul 06, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 118628), filed by Arturo Hernandez Diaz. (Attachments: # 1 Envelope, # 2 Receipt)(dhern, ) (Entered: 07/07/2026)

#2

Jul 06, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 07/07/2026)

#3

Jul 17, 2026

Order Drawing Case by Magistrate Judge Richard T. Gurley on 07/17/2026. After review under D.C.COLO.LCivR 8.1, the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to District Judge Nina Y. Wang and drawn to Magistrate Judge Susan B. Prose for all further proceedings. All future pleadings should be designated as 26-cv-03019-NYW.) For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, ) (Entered: 07/17/2026)

#4

Jul 17, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (pklin, ) (Entered: 07/17/2026)

#5

Jul 17, 2026

ORDER. Upon review of the Petition, the Clerk of Court is DIRECTED to serve Respondents with a copy of this Order and a copy of the Petition and attached exhibits, and to enter a Certificate of Service. Counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall SHOW CAUSE why the Petition shall not be granted. Any reply shall be filed no later than 21 days after the Response. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondents' custody. This order does not preclude Respondents from removing Petitioner from the United States pursuant to a final order of removal. This order shall remain in effect unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. By Judge Nina Y. Wang on 7/17/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, ) (Entered: 07/17/2026)

#6

Jul 21, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 5 Order, for service of process. (Attachments: # 1 Certified Mail Receipt Markwayne Mullin, # 2 Certified Mail Receipt Field Office Director, # 3 Certified Mail Receipt Todd Blanche, # 4 Certified Mail Receipt Juan Baltasar) (ggill, ) (Entered: 07/21/2026)

#7

Jul 21, 2026

RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 07/21/2026)

#8

Jul 27, 2026

RETURN of Service upon Respondent Field Office Director. (ggill, ) (Entered: 07/27/2026)

#9

Jul 27, 2026

RETURN of Service upon Respondent Juan Baltasar. (ggill, ) (Entered: 07/27/2026)

#10

Jul 28, 2026

RESPONSE to 5 Order,,,, by Respondents Juan Baltasar, Todd Blanche, Field Office Director, Markwayne MullinAttorney Nicholas Albert Deuschle added to party Juan Baltasar(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Field Office Director(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res). (Deuschle, Nicholas) (Entered: 07/28/2026)

#11

Aug 10, 2026

CERTIFIED MAIL RETURN as to Todd Blanche. (echa, ) (Entered: 08/10/2026)

#12

Aug 19, 2026

Petitioner's REPLY to 10 Respondents' Response to 5 Petition for Writ of Habeas by Petitioner Arturo Hernandez Diaz. (Attachments: # 1 Envelope)(ggill, ) (Entered: 08/19/2026)

#13

Aug 21, 2026

RETURN of Service upon Respondent Markwayne Mullin. (ggill, ) (Entered: 08/24/2026)

#14

Aug 26, 2026

Memorandum Opinion and ORDER. IT IS ORDERED that: (1) The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 ] is GRANTED in part and DENIED in part as set forth herein; (2) Respondents shall pro vide Mr. Hernandez Diaz with a bond hearing no later than September 2, 2026. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Mr. Hernandez Diaz's continued detention is justif ied. If Respondents do not provide Mr. Hernandez Diaz with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Mr. Hernandez Diaz must be immediately released from detention; and (3) On or before September 9, 2026, Respondents s hall file a status report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, advise the Court of the date Mr. Hernandez Diaz was released from custody; and (2) whether any additional proceedings in this matter are required. By Judge Nina Y. Wang on 8/26/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, )