District of Colorado • 1:26-cv-03825

#1

Aug 20, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119176), filed by Dixon Rodriguez. (Attachments: # 1 Exhibit, # 2 Envelope, # 3 Receipt)(bschl, ) (Entered: 08/20/2026)

#2

Aug 20, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (bschl, ) (Entered: 08/20/2026)

#3

Aug 21, 2026

ORDER DRAWING CASE After review pursuant to D.C.COLO.LCivR 8.1(b), 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 this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 08/21/2026. Case randomly reassigned to Magistrate Judge Timothy P. O'Hara. All future pleadings should be designated as 26-cv-03825-TPO. 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, ) Modified to correct text on 8/21/2026 (jrobe, ). (Entered: 08/21/2026)

#4

Aug 21, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jrobe, ) (Entered: 08/21/2026)

#5

Sep 03, 2026

ORDER. Respondent shall show cause within seven (7) days from the date of this Order, by September 10, 2026, why the Petition [ECF 1 ] should not be granted. In the response, Respondent should address the statutory basis for Petitioner's arrest and detention. If Petitioner is detained pursuant to § 1226(a) of the INA, Respondent should: state whether a bond determination hearing has been held, produce the warrant, if any, and/or clarify the circumstances surrounding Petitioner's arrest on May 28, 2026. Additionally, Respondent should explain what procedures, if any, have been afforded to Petitioner regarding his arrest and detention.Also by September 10, 2026, the Parties shall complete and file the Magistrate Judge Consent Form [ECF 4 ].Petitioner may file a Reply within twenty-one (21) days of Respondents' Response. Entered by Magistrate Judge Timothy P. O'Hara on 9/3/2026. 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: 09/03/2026)

#6

Sep 04, 2026

CERTIFICATE of Service by Clerk of Court re 5 Order, 1 Application for Writ of Habeas Corpus, for service of process. (Attachments: # 1 Guardian Certified Slip, # 2 USAG Certified Slip) (ggill, ) (Entered: 09/04/2026)

#7

Sep 04, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Dixon Rodriguez. Petitioner Party Does Consent. (eguth, ) (Entered: 09/04/2026)

#8

Sep 04, 2026

MOTIONS and Support Documents by Petitioner Dixon Rodriguez. (Attachments: # 1 Envelope)(ggill, ) (Entered: 09/08/2026)

#9

Sep 04, 2026

RETURN of Service upon for the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 09/08/2026)

#10

Sep 10, 2026

RESPONSE to 5 Order to Show Cause,,,, by Respondent Robert GuardianAttorney Winnie Wu added to party Robert Guardian(pty:res). (Attachments: # 1 Exhibit Bond Order)(Wu, Winnie) (Entered: 09/10/2026)

#11

Sep 10, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Robert Guardian All parties do not consent.. (Wu, Winnie) (Entered: 09/10/2026)

#12

Sep 11, 2026

MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF 10 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv- 03825-DDD). By Magistrate Judge Timothy P. O'Hara on 9/11/2026. 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: 09/11/2026)

#13

Sep 11, 2026

ORDER.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention. Doc. 1 . He has also filed a motion requesting a second bond hearing before an immigration judge. Doc. 8 . The respondents state that they "are not submitting a brief in opposition to the Petition," and they "recognize that the Court may then decide to grant the Petition and award appropriate relief," which they assert is a bond hearing. Doc. 10 at 1-2.It is therefore ORDERED that: 5 Order to show cause is MADE ABSOLUTE, and 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED IN PART; and 8 Motions and Support Documents is GRANTED.Within one week of this Order, the respondents must provide the petitioner with a new bond hearing before an immigration judge or else release the petitioner.The respondents must provide the petitioner no less than three business days' notice in advance of any bond hearing.At any bond hearing, the Government must bear the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021); Kuzmic v. Baltasar, No. 26-cv-00577-CYC, 2026 WL 1291853, at *2, *5 (D. Colo. May 12, 2026); Guevara Gacia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026); Barreno v. Baltasar, No. 025-cv-03017-GPG-TPO, 2025 WL 3190936, at *3 (D. Colo. Nov. 14, 2025); Diaz-Ceja v. McAleenan, No. 19-cv-00824-NYW, 2019 WL 2774211, at *11 to *12 (D. Colo. July 2, 2019); cf. United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003).The respondents must file a status report within three days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Chief Judge Daniel D. Domenico on 9/11/2026. 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. (rkeec) (Entered: 09/11/2026)

Sep 11, 2026

Order on Motion for Order

#14

Sep 14, 2026

RETURN of Service upon Robert Guardian. (ggill, ) (Entered: 09/14/2026)

#15

Sep 21, 2026

STATUS REPORT by Respondent Robert Guardian. (Attachments: # 1 Exhibit A - IJ Bond Decision)(Wu, Winnie) (Entered: 09/21/2026)

#17

Sep 21, 2026

RETURN of Service upon USAG. (ggill, ) (Entered: 09/22/2026)

#16

Sep 22, 2026

ORDER re: 15 Status Report filed by Respondents.The respondents report that the petitioner has been provided with a bond hearing before an immigration judge. The petitioner may file a response on or before 10/6/2026 explaining any reasons why this case should not be closed. SO ORDERED by Chief Judge Daniel D. Domenico 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. Text Only Entry. (rkeec) (Entered: 09/22/2026)

Sep 22, 2026

Order

#18

Sep 28, 2026

PETITIONER'S MOTION to Enforce the Court's Prior Habeas Order and for Further Appropriate Relief by Petitioner Dixon Rodriguez. (eluce, ) (Entered: 09/28/2026)

#19

Sep 29, 2026

ORDER re: 18 Petitioner's Motion to Enforce the Court's Prior Habeas Order and for Further Appropriate Relief. The respondents must respond to the motion on or before 10/6/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 09/29/2026. Text Only Entry. 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. (agryan) (Entered: 09/29/2026)

Sep 29, 2026

Order

#20

Oct 05, 2026

RESPONSE to 18 MOTION to Enforce filed by Respondent Robert Guardian. (Wu, Winnie) (Entered: 10/05/2026)

#21

Oct 05, 2026

ORDER GRANTING 18 Petitioner's Motion to Enforce the Court's Prior Habeas Order and for Further Appropriate Relief.Within one week of this Order, the respondents must provide the petitioner with a new bond hearing before an immigration judge or else release the petitioner.The respondents must provide the petitioner no less than three business days' notice in advance of any bond hearing.The respondents must file a status report within three business days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Judge Daniel D. Domenico on 10/05/2026. Text Only Entry. 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. (agryan) (Entered: 10/05/2026)

Oct 05, 2026

Order on Motion to Enforce

Oct 13, 2026

Order

#25

Oct 20, 2026

Enforce

Oct 20, 2026

Order

Oct 28, 2026

Order on Motion to Enforce

#28

Oct 30, 2026

Enforce