Completed
Case Information
Filed: June 22, 2026
Assigned to:
Kathryn A. Starnella
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: July 20, 2026
Last Activity:
September 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 22, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118469), filed by Francisco Exequiel Gamboa Perez. (Attachments: # 1 Attachment, # 2 Envelope) (jberr, ) (Entered: 06/24/2026)
Main Document:
APPLICATION
#2
Jun 22, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 06/24/2026)
#3
Jun 24, 2026
ORDER DRAWING CASE. After review under D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings shall be designated to 26-cv-02788-KAS). By Magistrate Judge Richard T. Gurley on 6/24/2026. 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: 06/25/2026)
Main Document:
Order Reassigning Case
#4
Jun 24, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) (Entered: 06/25/2026)
Main Document:
Magistrate
#5
Jun 25, 2026
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Respondents shall show cause within five days from the date of service why the Petition [# 1 ] should 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 [# 4 ] is the same as Respondents' deadline to file a Response. IT IS FURTHER ORDERED, pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado or the United States unless or until this Court or the Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 6/25/2026. 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. (echa, ) (Entered: 06/25/2026)
Main Document:
Order to Show Cause
#6
Jun 25, 2026
CERTIFICATE of Service by Clerk of Court re Service of Process of 1 Application for Writ of Habeas Corpus, 4 Magistrate Judge Consent Form, 5 Order to Show Cause. (Attachments: # 1 Certified Mail Receipts) (echa, ) (Entered: 06/25/2026)
Main Document:
CERTIFICATE
#7
Jun 29, 2026
ACKNOWLEDGEMENT OF RECEIPT by the United States Attorney's Office for the District of Colorado. (echa, ) (Entered: 06/29/2026)
Main Document:
ACKNOWLEDGEMENT
#8
Jun 30, 2026
RESPONSE to 5 Order to Show Cause,,, 1 Application for Writ of Habeas Corpus by Respondents Attorney General, Juan Baltazar, Robert Hagan, Todd LyonsAttorney Logan P. Brown added to party Attorney General(pty:res), Attorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Robert Hagan(pty:res), Attorney Logan P. Brown added to party Todd Lyons(pty:res). (Brown, Logan) (Entered: 06/30/2026)
Main Document:
RESPONSE
#9
Jul 01, 2026
CERTIFIED MAIL RETURNS as to Juan Baltazar and Robert Hagan. (Attachments: # 1 Certified Mail Return)(echa, ) (Entered: 07/01/2026)
Main Document:
CERTIFIED
#10
Jul 02, 2026
CERTIFIED MAIL RETURN as to Todd Lyons. (echa, ) (Entered: 07/02/2026)
Main Document:
CERTIFIED
#11
Jul 06, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Francisco Exequiel Gamboa Perez. Petitioner consents. (echa, ) (Entered: 07/06/2026)
Main Document:
CONSENT
#12
Jul 07, 2026
MINUTE ORDER. IT IS HEREBY ORDERED that the Petition [# 1 ] is GRANTED in part. IT IS FURTHER ORDERED that Respondents shall provide Petitioner with a bond hearing within 7 days of the issuance of this Order. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is justified. If Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention. IT IS FURTHER ORDERED that, within 10 days of the issuance of this Order, Respondents shall file a status report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, the date upon which Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required. Entered by Magistrate Judge Kathryn A. Starnella on 7/7/2026. 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. (echa, ) (Entered: 07/07/2026)
#13
Jul 15, 2026
CERTIFIED MAIL RETURN as to the United States Attorney General. (echa, ) (Entered: 07/15/2026)
Main Document:
CERTIFIED
#14
Jul 17, 2026
STATUS REPORT by Respondents Attorney General, Juan Baltazar, Robert Hagan, Todd Lyons. (Brown, Logan) (Entered: 07/17/2026)
Main Document:
STATUS
#15
Jul 20, 2026
MINUTE ORDER: This matter is before the Court sua sponte. On July 7, 2026, the Court granted Petitioner's habeas corpus petition in part and ordered Respondents to provide Petitioner with a bond hearing within seven days. (ECF No. 12). On July 17, 2026, Respondents filed a status report informing the Court that Petitioner was provided with a bond hearing at which bond was denied after the Immigration Judge found that Petitioner is a flight risk that cannot be mitigated through a bond. (ECF No. 14). Finding that Petitioner has been afforded the relief to which he is entitled, IT IS HEREBY ORDERED that the Clerk of Court shall enter final judgment in Petitioner's favor and terminate this case. Entered by Magistrate Judge Kathryn A. Starnella on 07/20/2026. 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. (msmot, ) (Entered: 07/20/2026)
#16
Jul 20, 2026
FINAL JUDGMENT by Clerk on 7/20/2026 in favor of Francisco Exequiel Gamboa Perez against Attorney General, Juan Baltazar, Robert Hagan, Todd Lyons. 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. (msmot, ) (Entered: 07/20/2026)
#17
Aug 19, 2026
NOTICE of Entry of Appearance by Joseph Francis Rosales, III on behalf of Francisco Exequiel Gamboa PerezAttorney Joseph Francis Rosales, III added to party Francisco Exequiel Gamboa Perez(pty:pet) (Attachments: # 1 Exhibit Exhibit List)(Rosales, Joseph) (Entered: 08/19/2026)
Main Document:
NOTICE
#18
Aug 19, 2026
First MOTION to Enforce this Court's Order for Relief by Petitioner Francisco Exequiel Gamboa Perez. (Rosales, Joseph) (Entered: 08/19/2026)
Main Document:
Enforce
#19
Aug 20, 2026
MINUTE ORDER. This matter is before the Court on Petitioner's Motion to Enforce this Court's Order for Relief [# 18 ] (the "Motion"). IT IS HEREBY ORDERED that a Motion Hearing regarding the Motion [# 18 ] is SET for September 22, 2026, at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that Respondents shall file their Response to the Motion [# 18 ] by no later than September 3, 2026 and Petitioner shall file his Reply regarding the Motion [# 18 ] by no later than September 10, 2026. IT IS FURTHER ORDERED that pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondent SHALL NOT REMOVE Petitioner from the District of Colorado or the United States unless or until this Court or the Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 8/20/2026. (eluce) (Entered: 08/20/2026)
Main Document:
Minute Order
#20
Aug 26, 2026
STRICKEN. LETTER by Petitioner Francisco Exequiel Gamboa Perez. (echa, ) Modified on 8/27/2026 to strike pursuant to 21 Minute Order (eluce, ). (Entered: 08/26/2026)
Main Document:
STRICKEN.
#21
Aug 27, 2026
MINUTE ORDER: This matter is before the Court on Petitioner's Letter [# 20 ]. The Letter was filed by Petitioner; however, Petitioner is represented by counsel, and counsel has not sought to withdraw. D.C.COLO.LAttyR 5(a)(5) expressly states that " [o]nly an unrepresented party or a member of the bar of this court... may... sign and file a pleading or document[.]" Petitioner is neither an unrepresented party nor a member of the bar of this court. Accordingly, the Court hereby STRIKES the Letter [# 20 ] as improperly filed. Entered by Magistrate Judge Kathryn A. Starnella on 8/27/2026. Text Only Entry. (eluce) (Entered: 08/27/2026)
Aug 27, 2026
Minute Order
#22
Sep 03, 2026
RESPONSE to 18 First MOTION to Enforce this Court's Order for Relief by Respondents Attorney General, Juan Baltazar, Robert Hagan, Todd Lyons. (Brown, Logan) (Entered: 09/03/2026)
Main Document:
RESPONSE
#23
Sep 04, 2026
MINUTE ORDER. IT IS HEREBY ORDERED that the Motion [# 18 ] is GRANTED. IT IS FURTHER ORDERED that Respondents release Petitioner within one day of the date of this Order under appropriate conditions of supervision. IT IS FURTHER ORDERED that Respondents file a status report to certify compliance within 7 days of the issuance of this Order. Entered by Magistrate Judge Kathryn A. Starnella on 9/4/2026.(echa, ) (Entered: 09/04/2026)
Main Document:
Order on Motion to Enforce
#24
Sep 11, 2026
STATUS REPORT by Respondents Attorney General, Juan Baltazar, Robert Hagan, Todd Lyons. (Brown, Logan) (Entered: 09/11/2026)
Main Document:
STATUS
#25
Sep 21, 2026
MINUTE ORDER Pursuant to the Petitioner's release noted in the 24 Status Report, the Moiton Hearing set for 9/22/2026 at 9:30 a.m. is no longer needed and hereby VACATED. Entered by Magistrate Judge Kathryn A. Starnella on 9/21/2026. Text Only Entry (cthom, ) (Entered: 09/21/2026)
Sep 21, 2026
Minute Order