District of Colorado • 1:26-cv-01934

#1

May 05, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10993150)Attorney Brandon Marinoff added to party Cesar I Garcia Vasquez(pty:pla), filed by Cesar I Garcia Vasquez. (Attachments: # 1 Civil Cover Sheet)(Marinoff, Brandon) (Entered: 05/05/2026)

#2

May 05, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (jberr, ) (Entered: 05/07/2026)

#3

May 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. (jberr, ) (Entered: 05/07/2026)

#4

May 07, 2026

ORDER by Magistrate Judge Susan Prose on May 7, 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, and order Petitioner's immediate release, or, in the alternative, that Petitioner be granted a bond hearing within seven (7) days, 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 May 9, 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 (sbplc10) (Entered: 05/07/2026)

May 07, 2026

Order

#5

May 08, 2026

CERTIFICATE of Mailing/Service by Petitioner Cesar I Garcia Vasquez. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document, # 3 Continuation of Main Document, # 4 Receipt Receipt for Certificat of Service Mailing)(Marinoff, Brandon) (Entered: 05/08/2026)

#6

May 15, 2026

MOTION for Extension of Time to DEADLINE FOR CONSENT/NON-CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE IN DIRECT ASSIGNMENT CASES by Petitioner Cesar I Garcia Vasquez. (Marinoff, Brandon) (Entered: 05/15/2026)

#7

May 19, 2026

NOTICE of Entry of Appearance by Michael Conrad Johnson on behalf of Todd Blanche, Johnny Choate, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, Kelei WalkerAttorney Michael Conrad Johnson added to party Todd Blanche(pty:res), Attorney Michael Conrad Johnson added to party Johnny Choate(pty:res), Attorney Michael Conrad Johnson added to party Executive Office for Immigration Review(pty:res), Attorney Michael Conrad Johnson added to party Markwayne Mullin(pty:res), Attorney Michael Conrad Johnson added to party U.S. Department of Homeland Security(pty:res), Attorney Michael Conrad Johnson added to party Kelei Walker(pty:res) (Johnson, Michael) (Entered: 05/19/2026)

#8

May 19, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Todd Blanche, Johnny Choate, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, Kelei Walker All parties consent.. (Johnson, Michael) (Entered: 05/19/2026)

#9

May 21, 2026

RESPONSE to 4 Order,,,,,, by Respondents Todd Blanche, Johnny Choate, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, Kelei Walker. (Attachments: # 1 Exhibit A)(Johnson, Michael) (Entered: 05/21/2026)

#10

May 26, 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 8 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 05/26/2026. Text Only Entry. (agryan) (Entered: 05/26/2026)

May 26, 2026

Order on Consent to Jurisdiction of Magistrate Judge

#11

Jun 11, 2026

ORDER DENYING AS MOOT Petitioner's 6 Motion for Extension of Time by Magistrate Judge Susan Prose on June 11, 2026. On May 15, 2026, Petitioner filed his 6 Motion to Extend Deadline for Consent/Non-Consent to the Exercise of Jurisdiction by a United States Magistrate Judge in Direct Assignment Cases due to the matter having not been assigned to an Assistant United States Attorney on behalf of Respondents at that time. However, counsel for Respondents file their Notice of Entry of Appearance on May 19, 2026, see ECF No. 7, and the parties thereafter jointly filed a completed Magistrate Judge Consent Form (ECF No. 8 ). Accordingly, Petitioner's 6 Motion is DENIED AS MOOT. Text Only Entry (sbplc10) (Entered: 06/11/2026)

Jun 11, 2026

Order on Motion for Extension of Time to File

#12

Sep 03, 2026

ORDER by Magistrate Judge Susan Prose on 09/03/2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED in part. 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 Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026). See also, e.g., Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Respondents also acknowledge that this court's prior rulings would lead the court to reach the same result here, presuming the court adheres to the analysis articulated in, e.g., Merchan-Pacheo. Moreover, the court notes that Respondents have cited no source of law binding upon this court in cursorily arguing that the court should reconsider its prior ruling. The court finds that Respondents have provided the court with no reason to revisit its prior rulings at this time. Accordingly, the court refers the parties to its analyses in both Arenas, 2026 WL 317562, and Merchan-Pacheo, 2026 WL 88526, finding that the analyses provided in these cases apply in this matter and that accordingly, Petitioner is entitled to a bond hearing. The court notes that technically, Petitioner requests his immediate release and only requests a bond hearing in the alternative. However, the court finds that Petitioner raises no actual argument that he is entitled to immediate release; instead, his arguments support the assertion that he is entitled to a bond hearing. The court therefore finds that granting Petitioner a bond hearing remains the appropriate remedy here. It is therefore ORDERED that Respondents, within seven days of the date of this order, shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), during which the government shall bear the burden of proving that Petitioner's continued detention is justified by clear and convincing evidence. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (citations omitted); see also, e.g., Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026) ("[T]he weight of authority in this District is clear: it is the Government's burden to justify a noncitizen's continued detention at a bond hearing." (citation modified) (collecting cases)); Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025) (finding that "the clear and convincing standard that generally applies to civil detention where liberty is at stake is appropriate here as well"). But see De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *4 (D. Colo. Feb. 17, 2026) (declining to place this burden on the government in a similar case). It is further ORDERED that within five days of Petitioner's bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied. Text Only Entry (sjeff) (Entered: 09/03/2026)

Sep 03, 2026

Order

Sep 16, 2026

Order Dismissing Case