District of Colorado • 1:26-cv-03374

#1

Jul 25, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11166647)Attorney Margie Stephanie Lazo added to party Geovany Cardona Pascual(pty:pet), filed by Geovany Cardona Pascual. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Lazo, Margie) (Entered: 07/25/2026)

#2

Jul 25, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (manoe, ) (Entered: 07/27/2026)

#3

Jul 27, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 07/27/2026)

#4

Jul 27, 2026

MINUTE ORDER: Before the Court is Petitioner Geovany Cardona Pascual's Petition for Writ of Habeas Corpus. ECF No. 1. In the Petition, Petitioner requests that the Court order his immediate release from immigration detention. Id. at 7. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, 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 or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 7/27/2026. Text Only Entry (cnsja, ) (Entered: 07/27/2026)

Jul 27, 2026

Minute Order

#5

Aug 10, 2026

RESPONSE to 4 Minute Order,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Markwayne Mullin, David J. VenturellaAttorney Alicia Megan Walker added to party Juan Baltazar(pty:res), Attorney Alicia Megan Walker added to party Todd Blanche(pty:res), Attorney Alicia Megan Walker added to party Robert Hagan(pty:res), Attorney Alicia Megan Walker added to party Markwayne Mullin(pty:res), Attorney Alicia Megan Walker added to party David J. Venturella(pty:res). (Walker, Alicia) (Entered: 08/10/2026)

#6

Aug 11, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondents' response to it, ECF No. 5. In their response, Respondents represent that they are "not submitting a brief in opposition to the Petition...." Id. at 2. Though Petitioner seeks immediate release, see generally ECF No. 1, there is nothing in the petition indicating that Petitioner has yet received a bond hearing at which any bond determination has been made. Accordingly, and given Respondents' non-opposition to the petition, the Court GRANTS Petitioner's petition by ordering Respondents to provide Petitioner with a bond hearing within 7 days of this order. At such hearing, the government shall bear the burden of proving by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. Respondents SHALL FILE a status report within 3 days of the bond hearing. The Court notes that deficiencies in the process that Petitioner receives at his bond hearing may give rise to a constitutional violation. See, e.g., Guzman Torres v. Baltazar, et al., No. 1:26-CV-03265-CNS, 2026 WL 2267182, at *1 (D. Colo. Aug. 6, 2026). By Judge Charlotte N. Sweeney on 8/11/2026. Text Only Entry (cnsja, ) (Entered: 08/11/2026)

Aug 11, 2026

Minute Order

#7

Aug 17, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Markwayne Mullin, David J. Venturella. (Walker, Alicia) (Entered: 08/17/2026)

#8

Sep 10, 2026

MOTION to Enforce by Petitioner Geovany Cardona Pascual. (Lazo, Margie) (Entered: 09/10/2026)

#9

Sep 10, 2026

Exhibits in Support of 8 MOTION to Enforce by Petitioner Geovany Cardona Pascual. (Lazo, Margie) (Entered: 09/10/2026)

#10

Sep 17, 2026

MINUTE ORDER: Before the Court are Petitioner's Motion to Enforce, ECF No. 8, and Exhibits in Support, ECF No. 9. Respondents are ORDERED to file a response to Petitioner's motion on or by September 23, 2026. By Judge Charlotte N. Sweeney on 9/17/2026. Text Only Entry (cnslc2, ) (Entered: 09/17/2026)

Sep 17, 2026

Minute Order AND Order

#11

Sep 23, 2026

RESPONSE to 8 MOTION to Enforce by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Markwayne Mullin, David J. Venturella. (Walker, Alicia) (Entered: 09/23/2026)

#12

Sep 24, 2026

ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Motion to Enforce, ECF No. 8. In the response to the Motion to Enforce, Respondents state that that they are "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case" and "recognize that the Court may then decide to grant the Motion and award appropriate relief." ECF No. 11 at 1. In light of the representation in Respondents' response, the Court GRANTS Petitioner's Motion to Enforce and habeas application, ECF Nos. 1, 8. It is ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to her recent detention. Respondents SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondents contend that a bond hearing is the appropriate remedy, see ECF No. 11 at 2, this argument fails to persuade. See, e.g., Mejia v. Bondi, No. CV 26-1592, 2026 WL 752560, at *5 (D.N.J. Mar. 17, 2026) ("In some immigration detention cases, courts remedy a constitutionally deficient bond proceeding by ordering a new hearing. However, habeas corpus is an equitable remedy, and district courts retain broad authority to fashion relief appropriate to the circumstances of the case. Where the detention process has already failed to produce a constitutionally adequate custody determination, courts may order immediate release rather than directing yet another hearing that risks prolonging unlawful detention." (citation modified)); Espana v. Nessinger, No. 26-CV-014-JJM-PAS, 2026 WL 821788, at *13 (D.R.I. Mar. 25, 2026) (reaching same conclusion and collecting cases); Perez Sierra v. Margolin, No. 2518829, 2026 WL 800158, at *4 (D.N.J. Mar. 23, 2026); Mendez v. Dedos, No. 1:26-CV-00394-KG-JHR, 2026 WL 973077, at *2 (D.N.M. Apr. 10, 2026). By Judge Charlotte N. Sweeney on 9/24/2026. Text Only Entry(cnsja, ) (Entered: 09/24/2026)

Sep 24, 2026

Order on Motion to Enforce

#13

Sep 25, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Markwayne Mullin, David J. Venturella. (Walker, Alicia) (Entered: 09/25/2026)

#14

Sep 28, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 12 and the representations made in the Status Report, ECF No. 13, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/28/26. Text Only Entry (jdyne, ) (Entered: 09/28/2026)

#15

Sep 28, 2026

FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 9/28/26. (jdyne, ) (Entered: 09/28/2026)

Sep 28, 2026

Minute Order