District of Colorado • 1:26-cv-02307

Torres Maldonado v. ICE Denver Field Office

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Case Information

Filed: May 26, 2026
Assigned to: Susan Prose
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
May 26, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118179), filed by Manuel Torres Maldonado. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet, # 3 Envelope, # 4 Receipt)(agarc, ) (Entered: 05/26/2026)
Main Document: APPLICATION
#2
May 26, 2026
MOTION for Expedited Review and Emergency Consideration by Petitioner Manuel Torres Maldonado. (agarc, ) (Entered: 05/26/2026)
Main Document: Expedite
#3
May 26, 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: 05/26/2026)
#4
May 28, 2026
VACATED- ORDER TO SHOW CAUSE AND DRAW CASE by Magistrate Judge Richard T. Gurley on 5/28/2026. It is ORDERED that Respondents must show cause in writing and filed with the Court within thirty (30) days from the date of this order as to why the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) should not be granted. It is FURTHER ORDERED that Petitioner may file a reply within thirty (30) days of Respondents' response to the show cause order. It is FURTHER ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 26-cv-02307-NYW. 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. (echa, ) Modified on 5/29/2026 to add vacate language per ECF 8 Order. (ggill, ). (Entered: 05/28/2026)
Main Document: Order Reassigning Case AND Order to Show Cause
#5
May 28, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 05/28/2026)
Main Document: Magistrate
#6
May 28, 2026
CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus for process of service. (Attachments: # 1 Certified Mail Receipt USAG, # 2 Certified Mail Receipt Baltazar, # 3 Certified Mail Receipt ICE Denver Field Office) (ggill, ) (Entered: 05/28/2026)
Main Document: CERTIFICATE
#7
May 29, 2026
RETURN of Service upon the United States Attorney's Office. (ggill, ) (Entered: 05/29/2026)
Main Document: RETURN
#8
May 29, 2026
ORDER. It is ORDERED that: (1) The Motion for Expedited Review and Emergency Consideration [Doc. 2 ] is GRANTED in part to the extent it seeks an earlier response deadline and otherwise TAKEN UNDER ADVISEMENT, (2) The 30-day deadline set in the prior Order to Show Cause [Doc. 4 ] is VACATED; (3) The Clerk of Court is DIRECTED to serve Respondents with a copy of the Motion for Expedited Review and a copy of this Order and to enter a Certificate of Service; (4) Within seven days of service, Respondents shall SHOW CAUSE why the Petition and Motion for Expedited Review should not be granted; (5) Any reply shall be filed no later than 21 days after the Response is (6) Respondents SHALL NOT REMOVE Petitioner from the District of Colorado or the United States unless or until this Court or the United States Court of Appeals for the Tenth Circuit vacates this Order; and (7) The Clerk of Court is DIRECTED to mail a copy of this Order to Petitioner at his address of record. By Judge Nina Y. Wang on 5/29/2026. 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.(ggill, ) (Entered: 05/29/2026)
Main Document: Order on Motion to Expedite
#9
Jun 02, 2026
CERTIFICATE of Service by Clerk of Court re 8 Order, for process of service. (Attachments: # 1 Certified Mail Receipt USAG, # 2 Certified Mail Receipt ICE Denver Field Office, # 3 Certified Slip Baltazar) (ggill, ) (Entered: 06/02/2026)
Main Document: CERTIFICATE
#10
Jun 03, 2026
Acknowledgement upon the United States Attorney's Office. (ggill, ) (Entered: 06/03/2026)
Main Document: Acknowledgement
#11
Jun 04, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Manuel Torres Maldonado. Only Petitioner Manuel Torres Maldonado consents. (Attachments: # 1 Envelope) (ggill, ) (Entered: 06/04/2026)
Main Document: CONSENT
#12
Jun 04, 2026
RETURN of Service upon Respondent ICE Denver Field Office. (ggill, ) (Entered: 06/04/2026)
Main Document: RETURN
#13
Jun 05, 2026
RETURN of Service upon Respondent Juan Baltazar. (ggill, ) (Entered: 06/05/2026)
Main Document: RETURN
#16
Jun 08, 2026
RETURN of Service upon ICE Denver Field Office (agryan) (Entered: 06/10/2026)
Main Document: RETURN
#14
Jun 09, 2026
NOTICE of Entry of Appearance by Edwin Garreth Winstead, III on behalf of Juan Baltazar, ICE Denver Field OfficeAttorney Edwin Garreth Winstead, III added to party Juan Baltazar(pty:res), Attorney Edwin Garreth Winstead, III added to party ICE Denver Field Office(pty:res) (Winstead, Edwin) (Entered: 06/09/2026)
Main Document: NOTICE
#15
Jun 09, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus by Juan Baltazar, ICE Denver Field Office. (Attachments: # 1 Exhibit 1)(Winstead, Edwin) (Entered: 06/09/2026)
Main Document: RESPONSE
#17
Jun 12, 2026
MINUTE ORDER: Respondents shall file a completed Consent Form on or before 6/18/2026. By Judge Nina Y. Wang on 06/12/2026. 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. Text Only Entry (nywlc2, ) (Entered: 06/12/2026)
Jun 12, 2026
Minute Order
#19
Jun 15, 2026
CERTIFIED MAIL RETURN Receipt as to Juan Baltazar re: 9 Certificate of Service (agryan) (Entered: 06/16/2026)
Main Document: CERTIFIED
#18
Jun 16, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, ICE Denver Field Office All parties consent.. (Winstead, Edwin) (Entered: 06/16/2026)
Main Document: CONSENT
#20
Jun 16, 2026
ORDER Referring Case to United States Magistrate Judge. Pursuant to 28 U.S.C. § 636(c) and Local Rule 72.2, the Parties have consented to the disposition of this action by a United States Magistrate Judge. Accordingly, it is ORDERED that: This action is hereby REFERRED for final disposition to United States Magistrate Judge Susan Prose pursuant to 28 U.S.C. § 636(c), Rule 73 of the Federal Rules of Civil Procedure, and Local Rule 72.2; the Clerk of Court shall REASSIGN this action to Judge Prose; Judge Prose shall conduct all further proceedings in this case, including, without limitation, entry of a final judgment; The Parties are DIRECTED to use the following case number for all future filings in this case: 26-cv-02307-SBP. By Judge Nina Y. Wang on 06/16/2026. [Copy of order mailed to plaintiff as ordered] 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: 06/16/2026)
Main Document: Order on Consent to Jurisdiction of Magistrate Judge
#21
Jun 23, 2026
RETURN of Service upon the United States Attorney General's Office. (ggill, ) (Entered: 06/23/2026)
Main Document: RETURN
#22
Jun 26, 2026
RETURN of Service upon U.S. Attorney General. (ggill, ) (Entered: 06/29/2026)
Main Document: RETURN
#23
Jul 02, 2026
TRAVERSE to Respondents' Response to Order to Show Cause by Petitioner Manuel Torres Maldonado. (echa, ) (Entered: 07/07/2026)
Main Document: TRAVERSE
#24
Jul 21, 2026
ORDER by Magistrate Judge Susan Prose on July 21, 2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED . The court observes that Respondents concede that Petitioner is currently detained pursuant to 8 U.S.C. § 1226, ECF No. 15 at 1, and that Petitioner is eligible for a bond hearing, id. at 3, a point which the Tenth Circuit recently has confirmed. See Santillan Quiroz v. Mullin, --- F. 4th ---, 2026 WL 1876709, at *7 (10th Cir. June 30, 2026). Petitioner himself requests a bond hearing. ECF No. 1 at 4; ECF No. 23 at 14. The court finds that Petitioner is entitled to a bond hearing and therefore GRANTS the 1 Petition. Respondents are ordered to provide Petitioner an individualized bond hearing pursuant to Section 1226(a) no later than seven days from the date of this Order. See Santillan Quiroz, 2026 WL 1876709, at *17 n.13. At the hearing, the Government will bear the burden of proof. See Villegas-Godoy v. Baltazar, No. 26-cv-01842-NYW, 2026 WL 1954768, at *4 (D. Colo. July 6, 2026) (finding that due process requires that the burden of proof at the bond hearing be borne by the Government) (citing Diaz Lopez v. Noem, No. 25-cv-04089-NYW, 2026 WL 206220, at *5 (D. Colo. Jan. 27, 2025); Martinez Escobar v. Baltazar, No. 26-cv-00296-NYW, 2026 WL 503313, at *5 (D. Colo. Feb. 24, 2026); Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026)). To carry that burden, the Government's evidentiary presentation must satisfy the clear and convincing standard. See, e.g., Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025). Respondents are further ordered to file a status report in order to certify compliance within ten days of issuance of this Order. In light of the above Order, Petitioner's 2 Motion for Expedited Review is GRANTED. 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. Text Only Entry. (sbplc11) (Entered: 07/21/2026)
Jul 21, 2026
Order on Motion to Expedite
#25
Jul 30, 2026
STATUS REPORT by Respondents Juan Baltazar, ICE Denver Field Office. (Winstead, Edwin) (Entered: 07/30/2026)
Main Document: STATUS
#26
Aug 13, 2026
MOTION to Enforce Re: (24) Order, by Petitioner Manuel Torres Maldonado. (Attachments: # 1 Exhibit, # 2 Envelope)(ccuen, ) (Entered: 08/14/2026)
Main Document: Enforce
#27
Aug 13, 2026
MOTION to Expedite Re: (24) Order, by Petitioner Manuel Torres Maldonado. (Attachments: # 1 Exhibit, # 2 Envelope)(ccuen, ) (Entered: 08/14/2026)
Main Document: Expedite
#28
Aug 25, 2026
MINUTE ORDER Entered by Magistrate Judge Susan Prose on 08/25/2026. In light of Petitioner's Motion to Enforce (ECF No. 26 ), the Court ORDERS the parties to file the following documentation related to Petitioner's July 28, 2026 bond hearing: (1) the bond decision; (2) transcript of the bond hearing, if available; and (3) any written memorandum or decision by the immigration judge. The parties are ORDERED to file these documents by close of business August 28, 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: 08/25/2026)
Main Document: Minute Order
#29
Aug 28, 2026
NOTICE re 28 Minute Order,, by Respondents Juan Baltazar, ICE Denver Field Office (Attachments: # 1 Continuation of Main Document Attachment 1, # 2 Continuation of Main Document Attachment 2)(Winstead, Edwin) (Entered: 08/28/2026)
Main Document: NOTICE
#31
Nov 02, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order

Parties

ICE Denver Field Office
Party
Torres Maldonado (PS)
Party