District of Colorado • 1:26-cv-04502

#1

Sep 16, 2026

Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (dhern, ) (Entered: 09/16/2026)

#2

Sep 16, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11291216)Attorney Joseph Francis Rosales, III added to party TONYFOLL CAPACYACHI SURICHAQUI(pty:pet), filed by TONYFOLL CAPACYACHI SURICHAQUI. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits)(Rosales, Joseph) (Entered: 09/16/2026)

#3

Sep 16, 2026

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (dhern, ) (Entered: 09/16/2026)

#4

Sep 16, 2026

Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jberr, ) (Entered: 09/17/2026)

#5

Sep 17, 2026

ORDER. Upon review of the 2 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 2 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before 9/18/2026. 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 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 9/17/2026. Text Only Entry (rmrja) (Entered: 09/17/2026)

Sep 17, 2026

Order

#6

Sep 20, 2026

Exhibits in Support by Petitioner Tonyfoll Capacyachi Surichaqui. (Rosales, Joseph) (Entered: 09/20/2026)

#7

Sep 29, 2026

MOTION for Extension of Time to File Answer or Otherwise Respond re 5 Order,,,,,, 2 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Weinberg, Anh) (Entered: 09/29/2026)

#8

Sep 29, 2026

ORDER granting in part 7 Motion for Extension of Time to Respond to the Petition for Writ of Habeas Corpus (ECF No. 2). Respondents are granted a 7-day extension of time, through 10/6/2026, to respond to the 2 Petition for Writ of Habeas Corpus and 5 Order to Show Cause. SO ORDERED by Judge Regina M. Rodriguez on 9/29/2026. Text Only Entry(rmrja) (Entered: 09/29/2026)

Sep 29, 2026

Order on Motion for Extension of Time to Answer or Otherwise Respond

#9

Oct 06, 2026

RESPONSE to 5 Order,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd Blanche(pty:res), Attorney Victor William Scarpato, III added to party Markwayne Mullin(pty:res), Attorney Victor William Scarpato, III added to party George Valdez(pty:res), Attorney Victor William Scarpato, III added to party David J. Venturella(pty:res). (Scarpato, Victor) (Entered: 10/06/2026)

#10

Oct 06, 2026

ORDER. 1. The Verified Petition for Writ of Habeas Corpus (ECF No. 2 ) 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 Petitioner's 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; 5. On or before October 13, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Chief Judge Regina M. Rodriguez on 10/6/2026. (ccuen, ) (Entered: 10/06/2026)

#11

Oct 09, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Scarpato, Victor) (Entered: 10/09/2026)

Oct 19, 2026

Judgment