District of Colorado • 1:26-cv-00964

#1

Mar 09, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 117289), filed by Yulier Gonzalez Hernandez. (Attachments: # 1 Cover Letter, # 2 Envelope, # 3 Receipt)(agarc, ) (Entered: 03/09/2026)

#2

Mar 09, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (agarc, ) (Entered: 03/09/2026)

#3

Mar 10, 2026

ORDER to Show Cause. It is ordered that Respondents show cause within thirty (30) days from the date of this order why the application for a writ of habeas corpus should not be granted. It is further ordered that within thirty (30) days of Respondents' answer Applicant may file a reply by Magistrate Judge Richard T. Gurley on 03/10/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan) (Entered: 03/10/2026)

#5

Mar 10, 2026

ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-00964-RMR. By Magistrate Judge Richard T. Gurley on 3/10/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (eluce, ) (Entered: 03/11/2026)

#4

Mar 11, 2026

CERTIFICATE of Service by Clerk of Court re: Service of Process of 1 Application for Writ of Habeas Corpus, 3 Order to Show Cause,,. (Attachments: # 1 Certified Mail Receipts) (agryan) (Entered: 03/11/2026)

#6

Mar 11, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eluce, ) (Entered: 03/11/2026)

#7

Mar 11, 2026

ACKNOWLEDGMENT of Receipt of Documents by the United States Attorney's Office re 4 Certificate of Service (agryan) (Entered: 03/11/2026)

#8

Mar 18, 2026

NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of Juan Baltazar, Todd M. Lyons, Madison SheahanAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd M. Lyons(pty:res), Attorney Victor William Scarpato, III added to party Madison Sheahan(pty:res) (Scarpato, Victor) (Entered: 03/18/2026)

#9

Mar 18, 2026

CERTIFIED MAIL Return Receipt for Juan Baltazar re: 4 Certificate of Service (agryan) (Entered: 03/19/2026)

#10

Mar 23, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Yulier Gonzalez Hernandez. Petitioner party does not consent.. (agryan) (Entered: 03/23/2026)

#11

Mar 30, 2026

CERTIFIED MAIL Return Receipt re 4 Certificate of Service as to the Office of the United States Attorney General. (agryan) (Entered: 03/30/2026)

#12

Apr 09, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 3 by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan. (Attachments: # 1 Appendix)(Scarpato, Victor) (Entered: 04/09/2026)

#13

Apr 24, 2026

RESPONSE to 12 Respondent's Order to Show Cause, by Petitioner Yulier Gonzalez Hernandez. (ccuen, ) (Entered: 04/27/2026)

#14

Apr 28, 2026

NOTICE of Entry of Appearance by Miriam Rose Miller on behalf of Yulier Gonzalez HernandezAttorney Miriam Rose Miller added to party Yulier Gonzalez Hernandez(pty:pet) (Miller, Miriam) (Entered: 04/28/2026)

#15

Apr 29, 2026

REPLY PETITIONERS REPLY IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS by Petitioner Yulier Gonzalez Hernandez. (Miller, Miriam) (Entered: 04/29/2026)

#16

Apr 30, 2026

MINUTE ORDER. Respondents shall have up to and including May 4, 2026, to file a sur-reply to Petitioner's Reply in Support of Petition for Writ of Habeas Corpus (ECF No. 15). SO ORDERED by Judge Regina M. Rodriguez on 4/30/2026. (rmrja) (Entered: 04/30/2026)

#17

May 04, 2026

REPLY to 16 Minute Order, 3 Order to Show Cause,, by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan. (Attachments: # 1 Appendix)(Scarpato, Victor) (Entered: 05/04/2026)

#18

May 05, 2026

MOTION for Order to PETITIONERS OPPOSED EMERGENCY MOTION TO PROHIBIT TRANSFER OR REMOVAL PENDING RESOLUTION OF HABEAS PETITION by Petitioner Yulier Gonzalez Hernandez. (Miller, Miriam) (Entered: 05/05/2026)

#19

May 05, 2026

ORDER. Upon review of Petitioner's Opposed Emergency Motion to Prohibit Transfer or Removal Pending Resolution of Habeas Petition, ECF No. 18, it is ORDERED that Petitioner's Motion 18 is GRANTED. 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 5/5/2026. Text Only Entry(kmyha) (Entered: 05/05/2026)

May 05, 2026

Order on Motion for Order

#20

May 11, 2026

Mail Returned as Undeliverable re: 13 Response Addressed to Yulier Gonzalez Hernandez, #A212-906-509, Aurora Detention Center, 3130 Oakland Street, Aurora, C) 80010. (ccuen, ) (Entered: 05/12/2026)

#21

May 23, 2026

MOTION to Expedite PETITIONERS MOTION TO EXPEDITE CONSIDERATION OF PETITION FOR WRIT OF HABEAS CORPUS by Petitioner Yulier Gonzalez Hernandez. (Miller, Miriam) (Entered: 05/23/2026)

#22

May 26, 2026

ORDER. IT IS HEREBY ORDERED THAT: 1. Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1, is GRANTED; 2. Respondents shall release Petitioner from custody IMMEDIATELY, but no later than within 24 HOURS of this Order and may impose reasonable conditions of release or supervision; 3. Respondents shall file a status report within 48 HOURS of this Order to certify compliance; and 4. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. SO ORDERED by Judge Regina M. Rodriguez on 5/26/2026. (ccuen, ) (Entered: 05/26/2026)

#23

May 27, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan. (Scarpato, Victor) (Entered: 05/27/2026)

#24

May 28, 2026

ORDER. In light of the Court's Order 22 entered on May 26, 2026, it is ORDERED that Petitioner's Motion to Expedite Consideration of Petition for Writ of Habeas Corpus 21 is DENIED AS MOOT. SO ORDERED by Judge Regina M. Rodriguez on 5/28/2026. Text Only Entry (kmyha) (Entered: 05/28/2026)

#25

May 28, 2026

FINAL JUDGMENT re: 22 Order entered by Clerk on 5/28/2026. (kmyha) (Entered: 05/28/2026)

May 28, 2026

Order on Motion to Expedite

#26

Jun 03, 2026

MOTION for Attorney Fees PETITIONER'S OPPOSED MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT by Petitioner Yulier Gonzalez Hernandez. (Attachments: # 1 Affidavit AFFIDAVIT OF COUNSEL IN SUPPORT OF THE MOTION FOR ATTORNEYS FEES PURSUANT TO EAJA, # 2 Exhibit Exhibit A - Detailed Itemized Statement)(Miller, Miriam) (Entered: 06/03/2026)

#27

Jun 24, 2026

RESPONSE to 26 MOTION for Attorney Fees PETITIONER'S OPPOSED MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT filed by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan. (Scarpato, Victor) (Entered: 06/24/2026)

#28

Jul 27, 2026

NOTICE OF APPEAL as to 25 Judgment, 22 Order,,, by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan (Scarpato, Victor) (Entered: 07/27/2026)

#29

Jul 28, 2026

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 28 Notice of Appeal filed by Madison Sheahan, Juan Baltazar, Todd M. Lyons to the U.S. Court of Appeals. (Attachments: # 1 Preliminary Record)(ccuen, ) (Entered: 07/28/2026)

#30

Jul 28, 2026

USCA Case Number 26-1301 for 28 Notice of Appeal filed by Todd M. Lyons, Juan Baltazar, Madison Sheahan. (ccuen, ) (Entered: 07/28/2026)

#31

Aug 11, 2026

TRANSCRIPT ORDER FORM re 28 Notice of Appeal by Respondents Juan Baltazar, Todd M. Lyons, Madison Sheahan (Puskar, Elizabeth) (Entered: 08/11/2026)

#32

Aug 12, 2026

LETTER TO USCA and all counsel certifying the record is complete as to 28 Notice of Appeal filed by Juan Baltazar, Madison Sheahan, Todd M. Lyons. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 26-1301) Text Only Entry (ccuen, ) (Entered: 08/12/2026)

#33

Sep 18, 2026

ORDER of USCA as to 28 Notice of Appeal filed by Madison Sheahan, Juan Baltazar, Todd M. Lyons. Upon consideration, the court grants the motion and dismisses this appeal. (USCA Case No. 26-1301) (ccuen, ) (Entered: 09/21/2026)

#34

Sep 18, 2026

MANDATE of USCA as to 28 Notice of Appeal filed by Madison Sheahan, Todd M. Lyons, Juan Baltazar : (USCA Case No. 26-1301) (ccuen, ) (Entered: 09/21/2026)

#35

Sep 24, 2026

MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Attorney Fees PETITIONER'S OPPOSED MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT PETITIONERS UNOPPOSED MOTION FOR LEAVE TO FILE REPLY OUT OF TIME AND SUPPLEMENT EAJA ELIGIBILITY SHOWING by Petitioner Yulier Gonzalez Hernandez. (Miller, Miriam) (Entered: 09/24/2026)

#36

Sep 24, 2026

ORDER granting 35 Unopposed Motion for Leave to File Reply Out of Time and Supplement EAJA Eligibility Showing. For good cause shown, and noting that the Motion is unopposed, Petitioner is granted an extension of time, through 9/28/2026, to file a reply and supporting declaration concerning Petitioner's eligibility for attorneys fees under the Equal Access to Justice Act ("EAJA"). SO ORDERED by Judge Regina M. Rodriguez on 9/24/2026. Text Only Entry(rmrja) (Entered: 09/24/2026)

Sep 24, 2026

Order on Motion for Extension of Time to File Response/Reply

#37

Sep 28, 2026

REPLY to Response to 26 MOTION for Attorney Fees PETITIONER'S OPPOSED MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT PETITIONERS REPLY IN SUPPORT OF MOTION FOR ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT filed by Petitioner Yulier Gonzalez Hernandez. (Attachments: # 1 Exhibit Exhibit 1 - DECLARATION OF PETITIONER REGARDING NET WORTH, # 2 Exhibit Exhibit 2 - PETITIONER'S NET WORTH SCHEDULE)(Miller, Miriam) (Entered: 09/28/2026)