District of Colorado • 1:26-cv-01470

#1

Apr 07, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10931416)Attorney Jonathon Gregory Bell added to party Jose Luis Murillo Martinez(pty:pet), filed by Jose Luis Murillo Martinez. (Attachments: # 1 Exhibit Exhibit 1 NTA)(Bell, Jonathon) (Entered: 04/07/2026)

#2

Apr 07, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 04/08/2026)

#3

Apr 07, 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: 04/08/2026)

#4

Apr 10, 2026

ORDER by Magistrate Judge Susan Prose on April 10, 2026. Upon review of Petitioner's 1 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the court grant the Petition, assume jurisdiction, order that Respondents not transfer the Petitioner outside of this District before the court rules on the Petition, and order that Petitioner be granted a bond hearing, 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 overnight mail, on or before April 13, 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 RESPOND to the 1 Petition and SHOW CAUSE why the Petition shall not be granted. In doing so, Respondents are asked to briefly address whether the issues presented here are materially different from the issues this court has resolved in its prior rulings in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents are also asked to briefly address whether Petitioner has failed to administratively exhaust the claims asserted in the 1 Petition. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) no less than seven days from the date of this Order. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the 1 Petition. Text Only Entry (sbplc6, ) (Entered: 04/10/2026)

Apr 10, 2026

Order

#5

Apr 13, 2026

SUMMONS Returned Executed by Jose Luis Murillo Martinez. (Bell, Jonathon) (Entered: 04/13/2026)

#6

Apr 17, 2026

NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Juan Baltazar, Todd Lyons, Markwayne Mullin, George ValdezAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party George Valdez(pty:res) (Jafek, Timothy) (Entered: 04/17/2026)

#7

Apr 17, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Jose Luis Murillo Martinez All parties consent.. (Bell, Jonathon) (Entered: 04/17/2026)

#8

Apr 20, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 7 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 4/20/2026. Text Only Entry (dddlc1, ) (Entered: 04/20/2026)

Apr 20, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#9

Apr 21, 2026

ANSWER to Complaint by Juan Baltazar, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Mendoza Gutierrez brief)(Jafek, Timothy) (Entered: 04/21/2026)

#10

May 11, 2026

ORDER by Magistrate Judge Susan Prose on May 11, 2026. The Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED in part as set forth below. The Court notes that Respondents concede that the issues presented here are not materially different from an issue this Court resolved in a prior ruling in Arenas v. Noem, No. 26-cv-00024-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). See also, e.g., Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026). Respondents acknowledge that this Court's prior ruling would lead the Court to reach the same result here if the Court adheres to Arenas, as the facts of this case are not materially distinguishable from that decision for purposes of the legal issue of whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Respondents incorporate by reference their legal arguments from Mendoza Gutierrez v. Baltazar, No. 25-cv-02720-RMR (D. Colo.), but cite no source of law binding upon this Court that would require reconsideration of the analysis in Arenas and Merchan-Pacheo. The Court finds no reason to revisit those rulings at this time. The Court therefore refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, which apply with equal force here and establish that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). The Court notes that Petitioner requests a bond hearing. The appropriate remedy is to direct that such a hearing be held. The Court therefore ORDERS Respondents to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) no later than seven (7) days from the date of this Order (i.e., by May 18, 2026). Respondents shall file a status report confirming that the bond hearing has been conducted no later than seven (7) days after the hearing. On the burden of proof at the bond hearing, the Court has considered the parties' arguments. Consistent with its ruling in Ekenge v. Baltazar, No. 26-cv-630-SBP, 2026 WL 617341 (D. Colo. Mar. 5, 2026), the immigration judge conducting the bond hearing shall place the burden on Respondents to demonstrate by clear and convincing evidence that Petitioner is a flight risk or a danger to the community.The Court declines to reach Petitioner's additional arguments because the statutory claim resolved above is dispositive. See, e.g., Leyva Ramirez v. Baltasar, No. 26-cv-00199-NYW, 2026 WL 318989, at *34 (D. Colo. Feb. 6, 2026). No further prospective injunctive relief is warranted. See Montanez de la Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *35 (D. Colo. Feb. 17, 2026).Respondents remain enjoined from transferring Petitioner outside the jurisdiction of the District of Colorado pending the bond hearing and further order of the Court. Text Only Entry (sbplc9, ) (Entered: 05/11/2026)

May 11, 2026

Order

#11

May 22, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Lyons, Markwayne Mullin, George Valdez. (Jafek, Timothy) (Entered: 05/22/2026)

#12

Jun 11, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on June 11, 2026. This matter is before the court on Respondents' 11 Status Report. On May 11, 2026, the court granted, in part, Petitioner's 1 Application for Writ of Habeas Corpus and ordered Respondents to provide Petition with a bond hearing within seven days of the court's Order (ECF No. 10 ). Respondents have now filed a status report informing the court that Petitioner's bond hearing took place on May 15, 2026, in which bond was denied (ECF No. 11 ). Accordingly, the court VACATES its Order enjoining Respondents from transferring Petitioner outside of the district of Colorado, see ECF No. 4, and will close the case. Text Only Entry (sbplc10) (Entered: 06/11/2026)

#13

Jun 11, 2026

FINAL JUDGMENT by Clerk on 6/11/2026 in favor of Petitioner against Respondents. (msmot, ) (Entered: 06/11/2026)

Jun 11, 2026

Minute Order

#14

Aug 19, 2026

NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Lyons, Markwayne Mullin, George ValdezAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Lyons(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party George Valdez(pty:res) (Puskar, Elizabeth) (Entered: 08/19/2026)

#15

Aug 20, 2026

MOTION to Withdraw as Attorney by Respondents Juan Baltazar, Todd Lyons, Markwayne Mullin, George Valdez. (Jafek, Timothy) (Entered: 08/20/2026)

#16

Aug 26, 2026

ORDER GRANTING MOTION TO WITHDRAW by Magistrate Judge Susan Prose on 08/26/2026.Timothy Jafek is no longer counsel for Respondents and the Clerk's Office is requested to remove Mr. Jafek from the ECF distribution list for the case. Respondents continue to be represented by attorney Elizabeth Puskar, who shall serve a copy of the Motion and this Order to her client. See D.C.COLO.LAttyR 5.1(b). Text Only Entry (sjeff) (Entered: 08/26/2026)

Aug 26, 2026

Order on Motion to Withdraw as Attorney