District of Colorado • 1:26-cv-05089

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Oct 09, 2026

Order Reassigning Case AND ~Util - Set/Clear Flags

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Oct 09, 2026

ORDER re: 1 Application for Writ of Habeas Corpus filed by Luis Alexander Sevilla Flores by District Judge Gordon P Gallagher on 10/9/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the m ailing address of record. Petitioners Petition (D. 1) is GRANTED IN PART, to the extent Petitioner seeks a bond hearing at which the government bears the burden of proof of showing Petitioners continued detention is proper and was proper at the time of Petitioners arrest. See Batz Barreno, 2025 WL 3190936, *3 (holding that the government must prove risk of flight by a preponderance of the evidence and must prove dangerousness to any other person or to the community by clear and convincing evide nce). Respondent shall provide Petitioner with a bond hearing under § 1226(a) within SEVEN DAYS of receiving notice of this Order, and Respondent has the responsibility to ensure that the government applies those burdens and provides a sufficie nt record for review. Santillan Quiroz, 180 F.4th at 1240. Additionally, Respondent 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. Respondent is ENJOINED from denying bond to Petitioner on the basis that Petitioner is detained pursuant to § 1225(b)(2)(A). Respondent is further ORDERED to file a status report within FIVE DAYS of Petitioners bond h earing, stating whether Petitioner has been granted bond, and, if Petitioners request for bond was denied, the reasons for that denial and a copy of any related decision. Such status update shall also include as an attachment any warrant justifying Petitioners detention at the time he was detained. (gpglc4, )