Completed
Case Information
Filed: August 31, 2026
Assigned to:
Regina M. Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: September 29, 2026
Last Activity:
September 29, 2026
Parties:
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Docket Entries
#1
Aug 31, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11251895)Attorney Joseph Francis Rosales, III added to party Daniel SANTOS-PENA(pty:pet), filed by Daniel SANTOS-PENA. (Attachments: # 1 Exhibit Exhibit List, # 2 Civil Cover Sheet Civil Cover Sheet)(Rosales, Joseph) (Entered: 08/31/2026)
Main Document:
APPLICATION
#2
Aug 31, 2026
Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry (eguth, ) (Entered: 09/01/2026)
#3
Aug 31, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 09/01/2026)
Main Document:
Magistrate
#4
Sep 08, 2026
ORDER TO SHOW CAUSE. Petitioner shall serve the Respondents with the Petition, exhibits, and this Order to Show Cause by September 10, 2026 by email and overnight mail pursuant to the service requirements of Fed. R. Civ. P. 4(i). Within 48 hours of serving Respondents, Petitioner shall file proof of service, and counsel for Respondents shall promptly enter a notice of appearance. On or before September 17, 2026, the Respondents shall show cause why the Petition should not be granted. By the same deadline of September 17, 2026, the Parties shall complete and file the Magistrate Judge Consent Form [ECF 3 ]. On or before September 24, 2026, Petitioner may file a Reply in support of the Petition. By Magistrate Judge Timothy P. O'Hara on 9/8/20226. (ggill, ) (Entered: 09/08/2026)
Main Document:
Order to Show Cause
#5
Sep 09, 2026
NOTICE OF NON CONSENT TO MAGISTRATE JUDGE BY ONE PARTY by Petitioner Daniel Santos Pena (Rosales, Joseph) (Entered: 09/09/2026)
Main Document:
NOTICE
#6
Sep 10, 2026
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF 5 ] 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 Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv-04076-RMR). By Magistrate Judge Timothy P. O'Hara on 9/10/2026. (ggill, ) (Entered: 09/10/2026)
Main Document:
Order Reassigning Case
#7
Sep 10, 2026
MINUTE ORDER: On 9/10/2026, this case was reassigned to the undersigned, ECF No. 6 . Before the Court is Petitioner's habeas petition, ECF No. 1 . 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 9/10/2026. Text Only Entry (rmrja) (Entered: 09/10/2026)
Sep 10, 2026
Order
#8
Sep 17, 2026
RESPONSE to 4 Order to Show Cause,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Todd Lyons(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res), Attorney Logan P. Brown added to party George Valdez(pty:res). (Attachments: # 1 Exhibit Warrant)(Brown, Logan) (Entered: 09/17/2026)
Main Document:
RESPONSE
#10
Sep 18, 2026
ORDER. IT IS ORDERED that: 1. The Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) is GRANTED; 2. 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 Petitioners transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 3. 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; 4. 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 5. 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: 09/21/2026)
#9
Sep 20, 2026
Exhibits in Support by Petitioner Daniel Santos Pena. (Rosales, Joseph) (Entered: 09/20/2026)
Main Document:
Exhibits
#11
Sep 25, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Brown, Logan) (Entered: 09/25/2026)
Main Document:
STATUS
#12
Sep 29, 2026
FINAL JUDGMENT re: 10 Order, entered by Clerk on 9/29/2026. (kmyha) (Entered: 09/29/2026)
Main Document:
Judgment
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