District of Colorado • 1:26-cv-03628

Hernandez v. Venturella

Completed

Case Information

Filed: August 10, 2026
Assigned to: Nina Y. Wang
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: October 09, 2026
Last Activity: October 22, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 10, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119054), filed by Rafael Leon Hernandez. (Attachments: # 1 Receipt)(dhern, ) (Entered: 08/10/2026)
Main Document: APPLICATION
#2
Aug 10, 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: 08/10/2026)
#3
Aug 12, 2026
ORDER TO FILE AMENDED HABEAS APPLICATION. Applicant shall have thirty (30) days from the date of this order to file an amended habeas application providing a clear statement of the federal claims he is asserting and the facts supporting those claims. Applicant must include all claims and allegations in the amended habeas application. By Magistrate Judge Richard T. Gurley on 8/12/2026. 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. (ccuen, ) (Entered: 08/13/2026)
Main Document: Order
#4
Sep 02, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241, filed by Rafael Leon Hernandez.(ccuen, ) (Entered: 09/03/2026)
Main Document: APPLICATION
#5
Sep 08, 2026
ORDER DRAWING CASE. It is ORDERED that that this case shall be drawn to a presiding judge. By Magistrate Judge Richard T. Gurley on 9/8/2026. (Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-03628-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. (ccuen, ) (Entered: 09/08/2026)
Main Document: Order Reassigning Case
#6
Sep 08, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ccuen, ) (Entered: 09/08/2026)
Main Document: Magistrate
#7
Sep 10, 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 9/10/2026. 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. (ggill, ) (Entered: 09/10/2026)
Main Document: Order
#8
Sep 10, 2026
CERTIFICATE of Service by Clerk of Court re 7 Order, 4 Application for Writ of Habeas Corpus, for service of process. (Attachments: # 1 Certified Mail Slip Baltazar, # 2 Certified Mail Slip Venturella, # 3 Certified Mail Slip USAG) (ggill, ) (Entered: 09/10/2026)
Main Document: CERTIFICATE
#9
Sep 10, 2026
RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 09/10/2026)
Main Document: RETURN
#10
Sep 17, 2026
RETURN of Service upon Juan Baltazar. (ggill, ) (Entered: 09/17/2026)
Main Document: RETURN
#11
Sep 17, 2026
RESPONSE to 7 Order,,,, by Respondents Juan Baltazar, Denver Contract Detention Facility, GEO Group, David VenturellaAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Denver Contract Detention Facility(pty:res), Attorney Logan P. Brown added to party GEO Group(pty:res), Attorney Logan P. Brown added to party David Venturella(pty:res). (Brown, Logan) (Entered: 09/17/2026)
Main Document: RESPONSE
#12
Sep 17, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Denver Contract Detention Facility, GEO Group, David Venturella All parties do not consent.. (Brown, Logan) (Entered: 09/17/2026)
Main Document: CONSENT
#13
Sep 17, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Rafael Leon Hernandez. Petitioner Party Does Not Consent.(dhern, ) (Entered: 09/18/2026)
Main Document: CONSENT
#14
Sep 25, 2026
MEMORANDUM OPINION AND ORDER. IT IS ORDERED that: (1) The Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 4 ] is GRANTED in part and DENIED in part as set forth herein; (2) Respondents shall provide Petitioner a bond hearing no later than October 2, 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 Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention; and (3) On or before October 9, 2026, the Parties shall file a joint status report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, the date Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required. By Judge Nina Y. Wang on 9/25/2026. 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: 09/25/2026)
Main Document: Memorandum & Opinion AND Order
#15
Oct 01, 2026
RETURN of Service upon USAG. (ggill, ) (Entered: 10/01/2026)
Main Document: RETURN
#16
Oct 05, 2026
RETURN of Service upon David Venturella. (ggill, ) (Entered: 10/05/2026)
Main Document: RETURN
#17
Oct 08, 2026
STATUS REPORT by Respondents Juan Baltazar, Denver Contract Detention Facility, GEO Group, David Venturella. (Brown, Logan) (Entered: 10/08/2026)
Main Document: STATUS
#18
Oct 09, 2026
MINUTE ORDER: In light of the representations made in the 17 Status Report Pursuant to Order, the Clerk of Court shall enter judgment in favor of Petitioner and close this case. Petitioner is awarded his costs under Local Rule 54.1. By Judge Nina Y. Wang on 10/09/2026. 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. Text Only Entry (nywlc11, ) (Entered: 10/09/2026)
#19
Oct 09, 2026
FINAL JUDGMENT in favor of Rafael Leon Hernandez against David Venturella, Juan Baltazar pursuant to the 18 Minute Order. Entered by Clerk on 10/9/2026. 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. (hguer) (Entered: 10/09/2026)
Main Document: Judgment
Oct 09, 2026
Minute Order
#20
Oct 20, 2026
Reopen Case
Main Document: Reopen Case
Oct 22, 2026
Minute Order

Parties

Hernandez
Party
Venturella
Party