District of Colorado • 1:26-cv-02761

#1

Jun 19, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11089894)Attorney Jan Peter Weiss added to party Rigoberto Diaz-Benitez(pty:pet), filed by Rigoberto Diaz-Benitez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Summons Summons to U.S. Attorney General, # 11 Summons Summons to DHS, # 12 Summons Summons to Denver Contract Detention Facility, # 13 Summons Summons to ICE, # 14 Summons Summons to Denver ICE Field Office, # 15 Summons Summons to CO U.S. Attorney's Office, # 16 Proposed Order (PDF Only) Motion to Show Cause and Proposed Order)(Weiss, Jan) (Entered: 06/19/2026)

#2

Jun 23, 2026

Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (angar, ) (Entered: 06/24/2026)

#3

Jun 23, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) (Entered: 06/24/2026)

#4

Jun 23, 2026

Administrative Notice: Summonses are not appropriate for this case type, therefore, will not be issued. (Text Only Entry) (angar, ) (Entered: 06/24/2026)

#5

Jun 25, 2026

ORDER to Show Cause: Upon review of the Petition, it is hereby ORDERED that, on or before June 29, 2026, the Petitioner shall serve the respondents with the Petition, its exhibits, and this Order to Show Cause. Within 48 hours of serving the respondents, the Petitioner shall file proof of service on the docket, and counsel for the respondents shall promptly enter their notices of appearance. It is further ORDERED that, on or before July 6, 2026, the respondents shall SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, ECF No. 3, is July 6, 2026. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, it is further ORDERED that the respondents SHALL NOT REMOVE the Petitioner from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order Entered by Magistrate Judge Cyrus Y. Chung on 06/25/2026. (agryan) (Entered: 06/25/2026)

#6

Jun 30, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Rigoberto Diaz-Benitez All parties consent.. (Weiss, Jan) (Entered: 06/30/2026)

#7

Jul 06, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus,,, 5 Order to Show Cause,,,, by Respondents Juan Baltazar, Todd Blanche, Robert Guadian, Markwayne Mullin, David VenturellaAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Robert Guadian(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party David Venturella(pty:res). (Jafek, Timothy) (Entered: 07/06/2026)

#8

Jul 07, 2026

MINUTE ORDER: This matter is before the Court sua sponte. On June 25, 2026, the Court set July 6, 2026 as the deadline for the parties to file the Consent Form. ECF No. 5 at 2. The petitioner filed a single-party Consent Form, ECF No. 6, but no Consent Form has been filed indicating consent by the respondents. Accordingly, the Court directs the Clerk of the Court to REASSIGN this case under D.C.COLO.LCivR 40.1(a). (This case is randomly reassigned to Judge Nina Y. Wang, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-02761-NYW.) Text Only Entry. (agryan) (Entered: 07/07/2026)

#9

Jul 07, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) (Entered: 07/07/2026)

#10

Jul 07, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Robert Guadian, Markwayne Mullin, David Venturella All parties consent.. (Jafek, Timothy) (Entered: 07/07/2026)

#11

Jul 07, 2026

NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Juan Baltazar, Todd Blanche, Robert Guadian, Markwayne Mullin, David Venturella (Jafek, Timothy) (Entered: 07/07/2026)

#12

Jul 08, 2026

ORDER OF REFERENCE. Upon Consent to Jurisdiction of Magistrate Judge: Upon consent of the parties evidenced by Docket Entry 10, this case is referred to Magistrate Judge Cyrus Y. Chung for all purposes pursuant to D.C.COLO.LCivR 72.2(d) and 28 U.S.C. § 636(c). By Judge Nina Y. Wang on 7/8/2026. (All future pleadings shall be designated to 26-cv-02761-CYC). (ggill, ) (Entered: 07/08/2026)

#13

Aug 20, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Todd Blanche(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res), Attorney Anh Weinberg added to party George Valdez(pty:res), Attorney Anh Weinberg added to party David Venturella(pty:res) (Weinberg, Anh) (Entered: 08/20/2026)

#14

Aug 20, 2026

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

#15

Aug 21, 2026

MINUTE ORDER: The respondents' Motion for Leave to Withdraw as Co-Counsel for Respondents Under D.C.COLO.LAttyR 5(b), ECF No. 14, is GRANTED for good cause shown. Mr. Jafek's representation of all respondents in this case is hereby terminated. IT IS FURTHER ORDERED that the Clerk's Office shall terminate electronic notifications to Attorney Timothy Bart Jafek in this case. Entered by Magistrate Judge Cyrus Y. Chung on 8/21/2026. Text Only Entry. (eluce) (Entered: 08/21/2026)

Aug 21, 2026

Order on Motion to Withdraw as Attorney

#16

Aug 24, 2026

ORDER granting Rigoberto Diaz-Benitez's petition for writ of habeas corpus (the "Motion"). ECF No. 1 . Based upon the lack of brief in opposition to this Petition, the Court finds that any argument against Petitioner being granted a bond hearing is forfeited. Accordingly, the Court ORDERS that Respondents shall, within seven days of this Order, either provide the petitioner with a bond hearing under 8 U.S.C. § 1226(a), with the government bearing the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence, or release the petitioner. The respondents shall file a status report within nine days of this Order indicating whether the petitioner was released or a bond hearing was held and the outcome of any bond hearing. Entered by Magistrate Judge Cyrus Y. Chung on 08/24/2026. Text Only Entry. (agryan) (Entered: 08/24/2026)

Aug 24, 2026

Order