District of Colorado • 1:26-cv-02790

#1

Jun 22, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118468), filed by Yafrank Hernandez Viera. (Attachments: # 1 Continuation of Main Document, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Envelope) (jberr, ) (Entered: 06/24/2026)

#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 25, 2026

Order Drawing Case by Magistrate Judge Richard T. Gurley on 06/25/2026. 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. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to District Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-02790-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. (pklin, ) (Entered: 06/25/2026)

#4

Jun 25, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (pklin, ) (Entered: 06/25/2026)

#5

Jun 25, 2026

ORDER. Accordingly, it is ORDERED that: (1) The Clerk of Court is DIRECTED to serve Respondents with a copy of the Petition, any accompanying papers, and this Order and to enter a Certificate of Service; (2) Within seven days of service, Respondents shall SHOW CAUSE why the Petition should not be granted; (3) Any reply shall be filed no later than 21 days after the Response is filed; (4) 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. By Judge Nina Y. Wang on 6/25/2026. [Per Order, requested party was mailed requested order] 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)

#6

Jun 26, 2026

CERTIFICATE of Service by Clerk of Court re 5 Order, for service of process. (Attachments: # 1 Certified Slip Mullin, # 2 Certified Slip Blanche, # 3 Certified Slip Wall, # 4 Certified Slip Baltazar, # 5 Certified Slip U.S. Attorney's Office) (ggill, ) (Entered: 06/29/2026)

#7

Jun 29, 2026

RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 06/29/2026)

#8

Jul 06, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus, 5 Order,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, Charles WallAttorney 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 Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party Charles Wall(pty:res). (Jafek, Timothy) (Entered: 07/06/2026)

#9

Jul 06, 2026

CERTIFIED MAIL RETURN as to Juan Baltazar. (echa, ) (Entered: 07/07/2026)

#10

Jul 06, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Yafrank Hernandez Viera. Petitioner consents. (echa, ) (Entered: 07/07/2026)

#11

Jul 07, 2026

CERTIFIED MAIL RETURN as to United States Attorney's Office for the District of Colorado. (echa, ) (Entered: 07/07/2026)

#12

Jul 15, 2026

RETURN of Service upon Respondent Todd Blanche. (ggill, ) (Entered: 07/15/2026)

#13

Jul 16, 2026

RETURN of Service upon Respondent Charles Wall. (ggill, ) (Entered: 07/17/2026)

#14

Jul 16, 2026

Request to Make a Determination Decision by Petitioner Yafrank Hernandez Viera. (Attachments: # 1 Envelope)(ggill, ) (Entered: 07/17/2026)

#15

Aug 04, 2026

RETURN of Service upon Respondent Markwayne Mullin. (ggill, ) (Entered: 08/05/2026)

#16

Aug 10, 2026

MEMORANDUM OPINION AND ORDER: The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 1 is denied without prejudice, by Judge Nina Y. Wang on 8/10/2026. 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. (ebuch) (Entered: 08/10/2026)

#17

Aug 10, 2026

FINAL JUDGMENT in favor of Respondents and against Petitioner pursuant to 16 Memorandum Opinion and Order, by Clerk on 8/10/2026. 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. (ebuch) (Entered: 08/10/2026)

#18

Aug 19, 2026

NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, Charles WallAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party Charles Wall(pty:res) (Puskar, Elizabeth) (Entered: 08/19/2026)

#19

Aug 20, 2026

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

#20

Aug 24, 2026

MOTION to Request the Court to Reconsider the 16 Memorandum Opinion and Order Based on a Reply Filed on July 16, 2026 by Petitioner Yafrank Hernandez Viera. (Attachments: # 1 Exhibit)(ggill, ) (Entered: 08/25/2026)

#21

Aug 25, 2026

MINUTE ORDER: The 20 Motion to Request the Court to Reconsider the Memorandum Opinion and Order Based on a Reply Filed on July 16, 2026 is respectfully DENIED. Petitioner's filing dated July 16, 2026 was properly docketed and reviewed in this matter. That filing is titled "Request to Make a Determinative Decision" and consists of a single paragraph where Petitioner quotes from Respondents' Response and "respectfully request[s] to the Court make a determinative decision ordering [his] release from custody of DHS/ICE." [Doc. 14 (emphasis omitted)]. Even if the Court had construed the 14 Request to Make a Determinative Decision as a Reply in support of Petitioner's 1 Application for a Writ of Habeas Corpus, it would not have changed the Court's analysis. The 14 Request to Make a Determinative Decision does not contain any substantive arguments and does not the address the issue identified in the Court's 16 Memorandum Opinion and Order, i.e. that Petitioner did not meet his burden in the Zadvydas analysis to show that there is no significant likelihood of removal in the reasonably foreseeable future. [Doc. 16 at 4]. By Judge Nina Y. Wang on 8/25/2026. 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. Text Only Entry(nywlc10, ) (Entered: 08/25/2026)

Aug 25, 2026

Order on Motion for Reconsideration

#22

Sep 04, 2026

MOTION to Amend the Petitioner's Reply to Respondents' Answer to the Petitioner's Writ to Habeas Corpus by Petitioner Yafrank Hernandez Viera. (Attachments: # 1 Envelope)(ggill, ) (Entered: 09/04/2026)

#23

Sep 09, 2026

MINUTE ORDER: The 19 Motion for Leave to Withdraw as Co-Counsel for Respondents Under D.C.COLO.LAttyR 5(b) is GRANTED. Timothy Bart Jafek is hereby terminated from representation of Respondents in this matter. By Judge Nina Y. Wang on 9/9/2026. 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(nywlc10, ) (Entered: 09/09/2026)

#24

Sep 09, 2026

MINUTE ORDER: The 22 Motion to Amend the Petitioner's Reply to Respondents' Answer to the Petitioner's Writ to Habeas Corpus is respectfully DENIED. The case terminated on August 10, 2026, for the reasons stated in the 16 Memorandum Opinion and Order. See [Doc. 16 at 4-5]. By Judge Nina Y. Wang on 9/9/2026. 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(nywlc10, ) (Entered: 09/09/2026)

Sep 09, 2026

Order on Motion to Amend/Correct/Modify

Sep 09, 2026

Order on Motion to Withdraw as Attorney