District of Colorado • 1:26-cv-02845

#1

Jun 22, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241, filed by Wilmer Rondon Ostorga. (Attachments: # 1 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 24, 2026

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Richard T. Gurley on 06/24/2026. 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. (jrobe, ) (Entered: 06/25/2026)

#4

Jul 16, 2026

Filing fee: $ 5.00, receipt number 118773. (jrobe, ) (Entered: 07/17/2026)

#5

Jul 23, 2026

Letter from Wilmer Rondon Ostorga (Attachments: # 1 Envelope) (ggill, ) (Entered: 07/23/2026)

#6

Jul 27, 2026

ORDER Directing Applicant to File Amended Application. ORDERED that, within thirty (30) days from the date of this order, Applicant file an amended application on the court-approved form that names a proper Respondent and provides a clear statement of a cognizable habeas corpus claim. By Magistrate Judge Richard T. Gurley on 7/27/2026. 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: 07/27/2026)

#7

Jul 27, 2026

Request Info by Petitioner Wilmer Rondon Ostorga. (Attachments: # 1 Envelope)(ggill, ) (Entered: 07/28/2026)

#8

Jul 28, 2026

MINUTE ORDER. Applicant's motion (ECF No. 7 ) requesting additional time to cure the deficiencies filed July 27, 2026, is DENIED as moot in light of the Court's Order Directing Applicant to File Amended Application (ECF No. 6 ) filed the same day. By Magistrate Judge Richard T. Gurley on 7/28/2026. 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: 07/28/2026)

#9

Aug 05, 2026

AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. 2241, filed by Wilmer Rondon Ostorga.(jrobe, ) (Entered: 08/05/2026)

#10

Aug 06, 2026

ORDER DRAWING CASE. After review pursuant to 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 this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 08/06/2026. Case randomly reassigned to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-02845-TPO 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. (jrobe, ) (Entered: 08/07/2026)

#11

Aug 10, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) (Entered: 08/10/2026)

#12

Sep 02, 2026

ORDER. Respondent is ORDERED to show cause within seven (7) days from the date of this Order, by September 9, 2026, why the Amended Petition [ECF 9 ] should not be granted. Within twenty-one (21) days of Respondent's answer to this Order to Show Cause, Petitioner may file a reply. Within 28 days from the date of this Order, by September 23, 2026, the Parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [ECF 11 ], indicating either the unanimous consent of the parties or that consent has been declined. By Magistrate Judge Timothy P. O'Hara on 9/2/2026. 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: 09/02/2026)

#13

Sep 02, 2026

CERTIFICATE of Service by Clerk of Court re 12 Order, 9 Amended Application for Writ of Habeas Corpus for service of process. (Attachments: # 1 USAG Certified Slip, # 2 Baltazar Certified Slip) (ggill, ) (Entered: 09/02/2026)

#14

Sep 02, 2026

ACKNOWLEDGEMENT OF RECEIPT by the United States Attorney's Office for the District of Colorado. (echa, ) (Entered: 09/03/2026)

#15

Sep 03, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Wilmer Rondon Ostorga. Petitioner Party Does not Consent. (eguth, ) (Entered: 09/04/2026)

#16

Sep 04, 2026

MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF 15 ] filed by the Petitioner expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv-02845-RMR). By Magistrate Judge Timothy P. O'Hara on 9/4/2026. 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: 09/08/2026)

#17

Sep 09, 2026

MINUTE ORDER: On 9/4/2026, this case was reassigned to the undersigned, ECF No. 16 . Before the Court is Petitioner's Amended Habeas Petition, ECF No. 9 . Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), 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 Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et al., Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). Consistent with Magistrate Judge O'Hara's prior Order that set forth a briefing schedule 12, Respondent shall show cause by September 9, 2026, why the Amended Petition 9 should not be granted, and within twenty-one (21) days of Respondent's Answer, Petitioner may file a reply. SO ORDERED by Judge Regina M. Rodriguez 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 (rmrja) (Entered: 09/09/2026)

#18

Sep 09, 2026

RESPONSE to 12 Order,,, 9 Amended Application for Writ of Habeas Corpus by Respondents Todd B., Juan Baltazar, Todd Lyons, Markwayne Mullin, George ValdezAttorney Winnie Wu added to party Todd B. (pty:res), Attorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Lyons(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res). (Attachments: # 1 Exhibit A)(Wu, Winnie) (Entered: 09/09/2026)

#19

Sep 09, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Juan Baltazar All parties do not consent.. (Wu, Winnie) (Entered: 09/09/2026)

Sep 09, 2026

Order

#20

Sep 10, 2026

ORDER. IT IS ORDERED that: 1. The Amended Petition for Writ of Habeas Corpus (ECF No. 9 ) is GRANTED; 2. Respondents shall IMMEDIATELY RELEASE Petitioner on his own recognizance, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioners transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 3. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 4. During such periods of time as Petitioner remains in Respondents custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; and 5. On or before September 17, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Judge Regina M. Rodriguez on 9/10/2026. 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. (ccuen, ) (Entered: 09/10/2026)