District of Colorado • 1:26-cv-03629

#1

Aug 10, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119055), filed by Juan Carlos Hernandez-Montelongo. (Attachments: # 1 Receipt)(dhern, ) (Entered: 08/10/2026)

#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 11, 2026

Order Directing Petitioner to Cure Deficiencies by Magistrate Judge Richard T. Gurley on 08/11/2026. Ordered that Petitioner shall cure the designated deficiencies within thirty (30) days from the date of this order. If Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. 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: 08/11/2026)

#4

Aug 26, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Juan Carlos Hernandez-Montelongo.(eluce, ) (Entered: 08/26/2026)

#5

Sep 22, 2026

ORDER DRAWING CASE. It is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge N. Reid Neureiter for further proceedings. All future pleadings should be designated as 26-cv-03629-CNS). Entered by Magistrate Judge Richard T. Gurley on 9/22/2026. 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: 09/22/2026)

#6

Sep 23, 2026

MINUTE ORDER: Before the Court is Petitioner Juan Carlos Hernandez-Montelongo's amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 4, in which Petitioner requests immediate release from immigration detention, id. at 4. Having reviewed the petition, after being served, counsel for Respondent shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondent is 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, 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. 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 9/23/2026. 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 (cnsja, ) (Entered: 09/23/2026)

#7

Sep 23, 2026

MINUTE ORDER: The Court orders that the Clerk of Court's Office effectuate service of process on Respondent, ECF Nos. 4, 6, and file a certificate of service. Counsel for Respondent shall promptly enter a notice of appearance. By Judge Charlotte N. Sweeney on 9/23/2026. 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 (cnsja, ) (Entered: 09/23/2026)

#8

Sep 23, 2026

CERTIFICATE of Service, by Clerk of Court re 4 Amended Application for Writ of Habeas Corpus, 6 Minute Order to Show Cause for Service of Process. (Attachments: # 1 USPS Certified Mail Receipt) (sphil, ) (Entered: 09/23/2026)

Sep 23, 2026

Minute Order

#10

Sep 24, 2026

Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado. (sphil, ) (Entered: 09/25/2026)

#9

Sep 25, 2026

USPS Certified Mail Receipts re: 8 Certificate of Service (sphil, ) (Entered: 09/25/2026)

#11

Sep 28, 2026

RESPONSE to 6 Minute Order,,,,,,, 4 Amended Application for Writ of Habeas Corpus, Add and Terminate Parties by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Thomas Alan Isler added to party Juan Baltazar(pty:res), Attorney Thomas Alan Isler added to party Todd Blanche(pty:res), Attorney Thomas Alan Isler added to party Markwayne Mullin(pty:res), Attorney Thomas Alan Isler added to party George Valdez(pty:res), Attorney Thomas Alan Isler added to party David J. Venturella(pty:res). (Isler, Thomas) (Entered: 09/28/2026)

#12

Sep 28, 2026

MINUTE ORDER: Before the Court is Petitioner's amended habeas application, ECF No. 4, and Respondent's response to it, ECF No. 11. In the response, Respondent states that he is "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondent's response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's amended habeas application, ECF No. 4. It is ORDERED that Respondent 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 his recent detention. Respondent SHALL FILE a status report within THREE DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, 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 Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 11 at 2, this argument fail to persuade. Compare ECF No. 11 at 2, with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 9/28/2026. 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 (cnsja, ) (Entered: 09/28/2026)

Sep 28, 2026

Minute Order

#13

Oct 01, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Isler, Thomas) (Entered: 10/01/2026)

#14

Oct 02, 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 10/2/26. 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 (jdyne, ) (Entered: 10/02/2026)

#15

Oct 02, 2026

FINAL JUDGMENT: 4 Amended 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 Judge Charlotte N. Sweeney on 10/2/26. 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. (jdyne, ) (Entered: 10/02/2026)

Oct 02, 2026

Minute Order

#16

Oct 05, 2026

RETURN Certified Mail Receipt of Service upon Warden, Denver Contract Detention Facility. (sphil, ) (Entered: 10/07/2026)