District of Colorado • 1:26-cv-02609

#1

Jun 12, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11075479)Attorney Elisabeth M.W. Trefonas added to party Carlos Jesus Diaz Rivas(pty:pet), filed by Carlos Jesus Diaz Rivas. (Attachments: # 1 Civil Cover Sheet, # 2 MOTION FOR LEAVE TO FILE PETITION UNDER SEAL, # 3 Proposed Order (PDF Only), # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Trefonas, Elisabeth) (Entered: 06/12/2026)

#2

Jun 12, 2026

Case assigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (dhern, ) (Entered: 06/12/2026)

#3

Jun 12, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons issued for this case type. (dhern, ) (Entered: 06/12/2026)

#4

Jun 12, 2026

PETITIONER'S MOTION for Leave to File Petition Under Seal by Petitioner Carlos Jesus Diaz Rivas. (eluce) (Entered: 06/12/2026)

#5

Jun 15, 2026

ORDER. Petitioner's counsel is directed to serve Respondents with a copy of the Petition and Motion as well as accompanying papers, along with a copy of this Order, by e-mail and by overnight mail; and promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance, and, within fourteen days of service, Respondents are ORDERED TO SHOW CAUSE as to why the Petition should not be granted and, after conferring with Plaintiff, file any Response to the Motion. By District Judge Gordon P Gallagher on 6/15/2026. (eluce) (Entered: 06/16/2026)

#6

Jun 22, 2026

SUMMONS Returned Executed by Carlos Jesus Diaz Rivas. Juan Baltasar served on 6/18/2026, answer due 7/9/2026; Todd Blanche served on 6/18/2026, answer due 7/9/2026; Todd Lyons served on 6/18/2026, answer due 7/9/2026; Markwayne Mullin served on 6/18/2026, answer due 7/9/2026. (Trefonas, Elisabeth) (Entered: 06/22/2026)

#7

Jul 07, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 5 Order,, by Respondents Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne MullinAttorney Timothy Bart Jafek added to party Juan Baltasar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res). (Jafek, Timothy) (Entered: 07/07/2026)

#8

Jul 08, 2026

ORDER. The Motion (D. 4 ) is GRANTED. It is ORDERED that the Petition shall be restricted Level 1. Petitioner's Petition (D. 1 ) is GRANTED IN PART, to the extent Petitioner seeks a bond hearing at which Respondents bear the burden of proof of showing Petitioner's continued detention is proper and was proper at the time of Petitioner's arrest. Respondents shall provide Petitioner with a bond hearing under § 1226(a) within SEVEN DAYS of receiving notice of this Order and Respondents have the responsibility to ensure that the government applies those burdens and provides a sufficient record for review. Additionally, Respondents 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. Respondents are ENJOINED from denying bond to Petitioner on the basis that Petitioner is detained pursuant to § 1225(b). Respondents are further ORDERED to file a status report within FIVE DAYS of Petitioner's bond hearing, stating whether Petitioner has been granted bond, and, if Petitioner's request for bond was denied, the reasons for that denial. Such status update shall also include as an attachment any warrant justifying Petitioner's detention at the time he was detained. By District Judge Gordon P Gallagher on 7/8/2026.(eluce) (Entered: 07/08/2026)

#9

Jul 22, 2026

ORDER: The Court Orders that Defendants shall file a Status Report by 7/22/2026.By District Judge Gordon P. Gallagher on July 22, 2026. Text Only Entry. (gpglc3) (Entered: 07/22/2026)

#10

Jul 22, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Jafek, Timothy) (Entered: 07/22/2026)

Jul 22, 2026

Order

#11

Jul 23, 2026

SUPPLEMENT/AMENDMENT to 10 Status Report by Respondents Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Attachments: # 1 arrest warrant)(Jafek, Timothy) (Entered: 07/23/2026)

#12

Jul 23, 2026

REPLY to Status Report - Motion to Traverse by Petitioner Carlos Jesus Diaz Rivas. (Attachments: # 1 Appendix 1 - IJ's Bond Decision, # 2 Appendix 2 - IJ's Bond Memorandum, # 3 Appendix 3 - Petitioner's documents, # 4 Appendix 4 - Support letters, # 5 Appendix 5 - Medical Records PART 1, # 6 Appendix 5 - Medical Records PART 2, # 7 Appendix 5 - Medical Records PART 3, # 8 Appendix 5 - Medical Records PART 4, # 9 Appendix 6 - Screenshots ref. medication denial, # 10 Proposed Order (PDF Only))(Trefonas, Elisabeth) (Entered: 07/23/2026)

#13

Jul 23, 2026

SUPPLEMENT/AMENDMENT to 12 Reply,, Motion to Traverse by Petitioner Carlos Jesus Diaz Rivas. (Trefonas, Elisabeth) (Entered: 07/23/2026)

#14

Jul 30, 2026

ORDER the pending motions (D. 12 ; D. 13 ) are DENIED. The Court sets an evidentiary hearing to address these issues on August 5, 2026, at 11:30 a.m. in C202 of Byron Rogers United States Courthouse. Respondents may file a brief of no more than fifteen pages addressing the Petitioners claims on or before 3:00 p.m. on August 4, 2026. Any such brief shall specifically address forfeiture/waiver. Respondents are ORDERED to produce Petitioner at the hearing. 28 U.S.C. § 2243. By District Judge Gordon P Gallagher on 07/30/2026. (jrobe, ) (Entered: 07/30/2026)

#15

Jul 30, 2026

MINUTE ORDER: The Court notes that for the hearing set for August 5, 2026, this is not a matter for which the Court can provide interpretation services, should services be needed. Upon request, the Court Clerks can provide a list of approved interpreters. By District Judge Gordon P. Gallagher on July 30, 2026. Text Only Entry. (gpglc3) (Entered: 07/30/2026)

Jul 30, 2026

Minute Order

#16

Aug 02, 2026

Emergency MOTION to Expedite Release by Petitioner Carlos Jesus Diaz Rivas. (Attachments: # 1 Proposed Order (PDF Only))(Trefonas, Elisabeth) (Entered: 08/02/2026)

#17

Aug 02, 2026

RESPONSE to 16 Emergency MOTION to Expedite Release filed by Respondents Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Jafek, Timothy) (Entered: 08/02/2026)

#18

Aug 03, 2026

ORDER granting 16 Motion to Expedite by District Judge Gordon P Gallagher on 8/3/2026.Accordingly, the Petition (D. 1) is GRANTED, and the Motion (D. 16) is GRANTED. Respondents are ORDERED to IMMEDIATELY RELEASE CARLOS JESUS DIAZ RIVAS from custody (within 48 hours) and impose on him no conditions not specifically imposed prior to his detention on December 12, 2025, with the exception that, to the extent imposed by a court regarding his pending DUI, compliance with such conditions may also be imposed as a condition of release by Respondents. It is FURTHER ORDERED that the hearing in this case set for August 5, 2026, at 11:30 a.m. is VACATED.(gpglc4, ) (Entered: 08/03/2026)

#19

Aug 13, 2026

FINAL JUDGMENT in favor of Carlos Jesus Diaz Rivas against Juan Baltasar, Markwayne Mullin, Todd Blanche, Todd Lyons. Entered by the Clerk on 08/13/2026. (dclem) (Entered: 08/13/2026)

#20

Aug 17, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne MullinAttorney Anh Weinberg added to party Juan Baltasar(pty:res), Attorney Anh Weinberg added to party Todd Blanche(pty:res), Attorney Anh Weinberg added to party Todd Lyons(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res) (Weinberg, Anh) (Entered: 08/17/2026)

#21

Aug 17, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne Mullin (Weinberg, Anh) (Entered: 08/17/2026)

#22

Aug 18, 2026

MOTION to Withdraw as Attorney by Respondents Juan Baltasar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Jafek, Timothy) (Entered: 08/18/2026)

#23

Aug 18, 2026

ORDER Granting 22 Motion to Withdraw as Attorney. Attorney Timothy Bart Jafek terminated. By District Judge Gordon P Gallagher on 8/18/2026. Text Only Entry.(eluce) (Entered: 08/18/2026)

Aug 18, 2026

Order on Motion to Withdraw as Attorney

#24

Sep 11, 2026

Attorney Fees

Sep 11, 2026

Order on Motion for Attorney Fees

#26

Sep 13, 2026

Attorney Fees