District of Colorado • 1:26-cv-02719

#1

Jun 18, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5, Receipt Number ACODC-11087561)Attorney Miriam Rose Miller added to party MARLON JOEL CARBAJAL PADILLA(pty:pet), filed by MARLON JOEL CARBAJAL PADILLA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1 - NTA)(Miller, Miriam) (Entered: 06/18/2026)

#2

Jun 18, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) (Entered: 06/22/2026)

#3

Jun 18, 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: 06/22/2026)

#4

Jun 23, 2026

Order to Show Cause

#5

Jun 23, 2026

AFFIDAVIT /RETURN of Service of Petition for Habeas Corpus upon Attorney General for District of Colorado on 06/23/2026 by Petitioner Marlon Joel Carbajal Padilla. (Miller, Miriam) (Entered: 06/23/2026)

#6

Jun 30, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Marlon Joel Carbajal Padilla All parties consent.. (Miller, Miriam) (Entered: 06/30/2026)

#7

Jun 30, 2026

RESPONSE to 4 Order to Show Cause,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, US Department of Homeland Security, George ValdezAttorney Logan P. Brown added to party Juan Baltasar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Executive Office of Immigration Review(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res), Attorney Logan P. Brown added to party US Department of Homeland Security(pty:res), Attorney Logan P. Brown added to party George Valdez(pty:res). (Brown, Logan) (Entered: 06/30/2026)

#8

Jun 30, 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 6 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Scott T. Varholak, 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 06/30/2026. Text Only Entry. (agryan) (Entered: 06/30/2026)

#9

Jun 30, 2026

ORDER granting 1 Marlon Joel Carbajal Padilla's Petition for Writ of Habeas Corpus (the "Petition"). The parties have consented to proceed before a United States Magistrate Judge for all proceedings, including entry of a final judgment [#6]. Respondents indicate in their Response [#7] to this Court's Order to Show Cause [#4] that, though they maintain that Petitioner's detention is lawful, they are not submitting a brief in opposition to the Petition. The Court thus GRANTS the Petition for the same reasons articulated in numerous other decisions produced by this Court and this District. See Inestroza Paguada v. Choate, No. 25-cv-03970-STV, 2026 WL 621282 (D. Colo. Mar. 5, 2026); Hernandez-Redondo v. Bondi, No. 25-cv-03993-PAB, 2026 WL 290989 (D. Colo. Feb. 4, 2026); Martinez Escobar v. Baltazar, No. 26-cv-00296-NYW, 2026 WL 503313 (D. Colo. Feb. 24, 2026); Tumax Caniz v. Warden, No. 25-cv-03969-NRN, 2026 WL 820813 (D. Colo. Mar. 25, 2026); Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159 (D. Colo. Dec. 23, 2025). And this Court has previously opined that, in circumstances resembling those of this case, the appropriate remedy is to provide Petitioner with a bond hearing under Section 1226(a) at which the government bears the burden of proving by clear and convincing evidence that Petitioner's continued detention is necessary to prevent flight or danger to the community. See, e.g., Arreola Diaz v. Baltazar, No. 26-cv-01248-STV, 2026 WL 1256550, at *1 (D. Colo. May 7, 2026). Accordingly, the Court ORDERS that (1) the Petition is GRANTED to the extent it seeks a bond hearing; (2) Respondents shall provide Petitioner with a bond hearing in which the Government bears the burden of proof by clear and convincing evidence under 8 U.S.C. § 1226(a) within SEVEN DAYS of the date of this Court's Order; and (3) Respondents shall file a status report within TEN DAYS of the date of this Court's order to certify compliance. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. To the extent Petitioner seeks an award of attorney's fees, he may file a separate motion for fees that complies with the Federal Rules of Civil Procedure and the Local Rules of Practice for this District. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/30/2026. Text Only Entry (stvlc7, ) (Entered: 06/30/2026)

#10

Jun 30, 2026

Judgment - Clerk

Jun 30, 2026

Order on Consent to Jurisdiction of Magistrate Judge

Jun 30, 2026

Order

#11

Jul 10, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez. (Brown, Logan) (Entered: 07/10/2026)