District of Colorado • 1:26-cv-03865

Gutierrez Hernandez v. Valdez

Completed

Case Information

Filed: August 21, 2026
Assigned to: Gordon P. Gallagher
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: September 25, 2026
Last Activity: September 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 21, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11230577)Attorney Laura L. Lichter added to party Josue Gutierrez Hernandez(pty:pet), filed by Josue Gutierrez Hernandez. (Attachments: # 1 Exhibit Ex. 1 ICE Detainee Locator, # 2 Exhibit Ex. 2 Case Initiation Documents, # 3 Civil Cover Sheet Civil Cover Sheet)(Lichter, Laura) (Entered: 08/21/2026)
Main Document: APPLICATION
#2
Aug 21, 2026
Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (manoe, ) (Entered: 08/24/2026)
#3
Aug 24, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 08/24/2026)
Main Document: Magistrate
#4
Aug 26, 2026
ORDER TO SHOW CAUSE: Upon review of the Petition, it is hereby ORDERED that, on or before August 28, 2026, the Petitioner shall serve the respondents with the Petition, its exhibits, and this Order to Show Cause. It is further ORDERED that, on or before September 4, 2026, the respondents shall SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, ECF No. 4, is September 4, 2026. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, it is further ORDERED that the respondents SHALL NOT REMOVE the 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. Entered by Magistrate Judge Cyrus Y. Chung on 8/26/2026. (eluce, ) (Entered: 08/26/2026)
Main Document: Order to Show Cause
#5
Aug 27, 2026
CERTIFICATE of Mailing/Service re 1 Application for Writ of Habeas Corpus, 4 Order to Show Cause,,, by Petitioner Josue Gutierrez Hernandez. (Lichter, Laura) (Entered: 08/27/2026)
Main Document: CERTIFICATE
#6
Sep 04, 2026
RESPONSE to 4 Order to Show Cause,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George ValdezAttorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Todd Blanche(pty:res), Attorney Erika A. Kelley added to party Markwayne Mullin(pty:res), Attorney Erika A. Kelley added to party George Valdez(pty:res). (Kelley, Erika) (Entered: 09/04/2026)
Main Document: RESPONSE
#7
Sep 04, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez All parties do not consent.. (Kelley, Erika) (Entered: 09/04/2026)
Main Document: CONSENT
#8
Sep 04, 2026
CASE REASSIGNED Pursuant to 7 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to District Judge Gordon P Gallagher, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-03865-GPG. (Text Only Entry) (agryan) (Entered: 09/04/2026)
#9
Sep 04, 2026
REPLY to 6 Response, by Petitioner Josue Gutierrez Hernandez. (Lichter, Laura) (Entered: 09/04/2026)
Main Document: REPLY
#10
Sep 04, 2026
ORDER. For the foregoing reasons, Petitioner's Petition (D. 1 ) is GRANTED IN PART, to the extent Petitioner seeks a bond hearing at which Respondents bear the burden of proof of showing Petitioner's continued detention is proper and was proper at the time of Petitioner's arrest. Respondents shall provide Petitioner with a bond hearing under § 1226(a) within SEVEN DAYS of receiving notice of this Order and Respondents have the responsibility to ensure that the government applies those burdens and provides a sufficient record for review. Additionally, Respondents SHALL notify Petitioner and any counsel who has entered an appearance in this action of the date, time, and place of the hearing no less than 24 hours prior to the beginning of the hearing. Respondents are ENJOINED from denying bond to Petitioner on the basis that Petitioner is detained pursuant to § 1225(b)(2)(A). Respondents are further ORDERED to file a status report within FIVE DAYS of Petitioner's bond hearing, stating whether Petitioner has been granted bond, and, if Petitioner's request for bond was denied, the reasons for that denial. Such status update shall also include as an attachment any warrant justifying Petitioners detention at the time he was detained. By District Judge Gordon P Gallagher on 9/4/2026. (eluce ) (Entered: 09/04/2026)
Main Document: Order
#11
Sep 16, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit)(Kelley, Erika) (Entered: 09/16/2026)
Main Document: STATUS
#12
Sep 25, 2026
FINAL JUDGMENT in favor of Josue Gutierrez Hernandez against George Valdez, Juan Baltazar, Markwayne Mullin, Todd Blanche. Entered by the Clerk on 09/25/2026. (dclem) (Entered: 09/25/2026)
Main Document: Judgment

Parties

Gutierrez Hernandez
Party
Valdez
Party