District of Colorado • 1:26-cv-03169
Hernandez Aguilar v. Denver Contract Detention Facility
Active
Case Information
Filed: July 15, 2026
Assigned to:
Gordon P. Gallagher
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
August 19, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 15, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118755), filed by Elio Osmin Hernandez Aguilar. (Attachments: # 1 Continuation of Main Document, # 2 Cover Letter, # 3 Civil Cover Sheet, # 4 Exhibits, # 5 Continuation of Exhibits, # 6 Memorandum of Law, # 7 Receipt)(dhern, ) (Additional attachment(s) added on 7/15/2026: # 8 Envelope) (dhern, ). (Entered: 07/15/2026)
Main Document:
APPLICATION
#2
Jul 15, 2026
PETITIONER'S EMERGENCY MOTION to Expedite Consideration of Petition for Writ of Habeas Corpus by Petitioner Elio Osmin Hernandez Aguilar. (Attachments: # 1 Proposed Order (PDF Only))(dhern, ) (Entered: 07/15/2026)
Main Document:
Expedite
#3
Jul 15, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 07/15/2026)
#4
Jul 16, 2026
Order Drawing Case by Magistrate Judge Richard T. Gurley on 07/16/2026. 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 this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (This case is randomly reassigned to Chief Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-03169-STV.) 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: 07/16/2026)
Main Document:
Order Reassigning Case AND ~Util - Set/Clear Flags
#5
Jul 16, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (pklin, ) (Entered: 07/16/2026)
Main Document:
Magistrate
#6
Jul 16, 2026
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 7/16/2026. 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. (schap, ) (Entered: 07/16/2026)
Main Document:
Order to Show Cause AND ~Util - Set/Reset Deadlines
#7
Jul 17, 2026
CERTIFICATE of Service, by Clerk of Court re 1 Application for Writ of Habeas Corpus, 6 Order to Show Cause for Service of Process. (Attachments: # 1 USPS Certified Mail Receipt) (sphil, ) (Entered: 07/17/2026)
Main Document:
CERTIFICATE
#8
Jul 17, 2026
Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado (sphil, ) (Entered: 07/21/2026)
Main Document:
Acknowledgment
#9
Jul 27, 2026
RETURN Certified Mail Receipt of Service upon Denver Contract Detention Facility. (sphil, ) (Entered: 07/28/2026)
Main Document:
RETURN
#10
Jul 30, 2026
RESPONSE to 6 Order to Show Cause, Set/Reset Deadlines by Respondent Denver Contract Detention FacilityAttorney Nicholas Albert Deuschle added to party Denver Contract Detention Facility(pty:res). (Deuschle, Nicholas) (Entered: 07/30/2026)
Main Document:
RESPONSE
#11
Jul 30, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondent Denver Contract Detention Facility All parties do not consent.. (Deuschle, Nicholas) (Entered: 07/30/2026)
Main Document:
CONSENT
#12
Jul 31, 2026
CASE REASSIGNED. Pursuant to 11 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-03169-GPG. (Text Only Entry) (sphil, ) (Entered: 07/31/2026)
#13
Jul 31, 2026
ORDER Petitioner's Petition (D. 1) is GRANTED IN PART, to the extent Petitioner seeks a bond hearing at which Respondents bear the burden of proof of showing Petitioner's continued detention is proper and was proper at the time of Petitioner's arrest. Respondents shall provide Petitioner with a bond hearing under § 1226(a) within SEVEN DAYS of receiving notice of this Order and Respondents have the responsibility to ensure that the government applies those burdens and provides a sufficient record for review. Additionally, Respondents SHALL notify Petitioner and any counsel who has entered an appearance in this action of the date, time, and place of the hearing no less than 24 hours prior to the beginning of the hearing. Respondents are ENJOINED from denying bond to Petitioner on the basis that Petitioner is detained pursuant to § 1225(b)(2)(A). Respondents are further ORDERED to file a status report within FIVE DAYS of Petitioner's bond hearing, stating whether Petitioner has been granted bond, and, if Petitioner's request for bond was denied, the reasons for that denial. Such status update shall also include as an attachment any warrant justifying Petitioner's detention at the time he was detained. By District Judge Gordon P Gallagher on 07/31/2026. 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: 07/31/2026)
#16
Aug 19, 2026
Judgment
Main Document:
Judgment
Parties
Denver Contract Detention Facility
Party
Hernandez Aguilar
Party