District of Colorado • 1:26-cv-03423
Ortuno-Aycardi v. Facility Administrator
Active
Case Information
Filed: July 28, 2026
Assigned to:
Nina Y. Wang
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
August 20, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 28, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118908), filed by Darwin Jose Ortuno-Aycardi. (Attachments: # 1 Attachment, # 2 Exhibit, # 3 Envelope, # 4 Receipt) (jberr, ) (Entered: 07/28/2026)
Main Document:
APPLICATION
#2
Jul 28, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 07/28/2026)
#3
Jul 30, 2026
ORDER DRAWING CASE. It is ORDERED that that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge N. Reid. Neureiter for further proceedings. All future pleadings should be designated as 26-cv-03423-NRN). Entered by Magistrate Judge Richard T. Gurley on 7/30/2026. 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. (echa, ) (Entered: 07/30/2026)
Main Document:
Order Reassigning Case
#4
Jul 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. (echa, ) (Entered: 07/30/2026)
Main Document:
Magistrate
#5
Jul 30, 2026
ORDER the Court respectfully ORDERS the Clerk of Court to, no later than August 6, 2026, (1) serve Respondent with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondent shall promptly enter notices of appearance. Within three calendar days of service, Respondent is ORDERED TO RESPOND to the Petition and is ORDERED TO SHOW CAUSE as to why the Petition should not be granted. Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondent 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. It is further ORDERED that within seven calendar days of service, the parties shall complete and file the Consent/Non-Consent Form (ECF No. 3 ) indicating either the unanimous consent of the parties or that consent has been declined. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 07/30/2026. 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. (jrobe, ) (Entered: 07/30/2026)
Main Document:
Order to Show Cause
#6
Jul 30, 2026
CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 5 Order for Service of Process. (Attachments: # 1 USPS certified mail receipts) (jrobe, ) (Entered: 07/30/2026)
Main Document:
CERTIFICATE
#7
Jul 31, 2026
Acknowledgement Letter filed on behalf of the United States Attorney's Office for the District of Colorado. (jrobe, ) (Entered: 08/03/2026)
Main Document:
Acknowledgement
#8
Aug 03, 2026
RESPONSE to 5 Order to Show Cause,,,,, by Respondent Facility Administrator Attorney Winnie Wu added to party Facility Administrator (pty:res). (Wu, Winnie) (Entered: 08/03/2026)
Main Document:
RESPONSE
#9
Aug 03, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondent Facility Administrator All parties do not consent.. (Wu, Winnie) (Entered: 08/03/2026)
Main Document:
CONSENT
#10
Aug 05, 2026
CASE REASSIGNED Pursuant to 9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 26-cv-03423-NYW. (Text Only Entry) (jrobe, ) (Entered: 08/05/2026)
#11
Aug 05, 2026
RETURN of Service upon Respondent Facility Administrator. (ggill, ) (Entered: 08/06/2026)
Main Document:
RETURN
#12
Aug 10, 2026
MEMORANDUM OPINION AND ORDER. IT IS ORDERED that: The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 ] is GRANTED in part; Respondent shall provide Petitioner a bond hearing no later than Augus t 17, 2026. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is justified. If Respondent does not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention; On or before August 24, 2026, Respondent shall file a status report concerning (1) the results of any bond hearing that was conducted or, if n o hearing was held, the date Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required; and A copy of this Order shall be sent to: Darwin Jose Ortuno-Aycardi at A# 241-179-348 Denver Contract Detention Facility 3130 North Oakland Street Aurora, CO 80010. By Judge Nina Y. Wang on 8/10/2026. 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. (echa, )
#16
Aug 20, 2026
Judgment - Clerk
Main Document:
Judgment - Clerk
Aug 20, 2026
Minute Order