District of Colorado • 1:26-cv-03916

#1

Aug 25, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11237978)Attorney Cesar E. Guerrero added to party Antonio Telesforo Diaz Montejo(pty:pet), filed by Antonio Telesforo Diaz Montejo. (Attachments: # 1 Motion to Show Cause, # 2 Propose Order, # 3 Exhibit Exhibits)(Guerrero, Cesar) (Entered: 08/25/2026)

#2

Aug 25, 2026

Administrative Notice: Attorney contacted and instructed to file the Motion for Order to Show Cause Pursuant to 28 U.S.C. § 2243 separately. (Text-Only Entry) (jberr, ) (Entered: 08/26/2026)

#3

Aug 25, 2026

Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jberr, ) (Entered: 08/26/2026)

#4

Aug 26, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 08/26/2026)

#5

Aug 26, 2026

ORDER. Upon review of the 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, it is ORDERED that Petitioner shall SERVE Respondents with a copy of the 1 Petition, and accompanying papers, along with a copy of this Order, by e-mail and certified mail, on or before 8/28/2026. Petitioner shall promptly file proof of such service on the docket, and 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. 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)). Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondents 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 Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). SO ORDERED by Judge Regina M. Rodriguez on 8/26/2026. Text Only Entry (rmrja) (Entered: 08/26/2026)

Aug 26, 2026

Order

#6

Sep 01, 2026

CERTIFICATE of Mailing/Service by Petitioner Antonio Telesforo Diaz Montejo. (Guerrero, Cesar) (Entered: 09/01/2026)

#7

Sep 14, 2026

MOTION for Default Judgment as to by Petitioner Antonio Telesforo Diaz Montejo. (Attachments: # 1 Exhibit)(Guerrero, Cesar) (Entered: 09/14/2026)

#8

Sep 18, 2026

ORDER. IT IS ORDERED that: 1. The Motion to Grant the Petition for a Writ of Habeas Corpus Upon Respondents' Failure to Show Cause (ECF No. 7 ) is GRANTED; 2. The Petition for Writ of Habeas Corpus (ECF No. 1 ) is GRANTED; 3. Respondents shall IMMEDIATELY RELEASE Petitioner on his own recognizance, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioner's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 4. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 5. During such periods of time as Petitioner remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; and 6. On or before September 25, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Judge Regina M. Rodriguez on 9/18/2026. (ccuen, ) (Entered: 09/18/2026)

#9

Sep 25, 2026

NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of Juan Baltazar, Todd Wallace Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Todd Wallace Blanche(pty:res), Attorney Jane Bobet Rejko added to party Markwayne Mullin(pty:res), Attorney Jane Bobet Rejko added to party George Valdez(pty:res), Attorney Jane Bobet Rejko added to party David Venturella(pty:res) (Bobet Rejko, Jane) (Entered: 09/25/2026)

#10

Sep 25, 2026

STATUS REPORT pursuant to Order (ECF No. 8) by Respondents Juan Baltazar, Todd Wallace Blanche, Markwayne Mullin, George Valdez, David Venturella. (Bobet Rejko, Jane) (Entered: 09/25/2026)

#11

Oct 06, 2026

FINAL JUDGMENT re: 8 Order, entered by Clerk on 10/6/2026. (kmyha) (Entered: 10/06/2026)