District of Colorado • 1:26-cv-03295

#1

Jul 21, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11155762)Attorney Kathleen Malia Glynn added to party Josue Roman Garcia(pty:pet), filed by Josue Roman Garcia. (Attachments: # 1 Exhibit Exhibits A through I to Verified Petition for a Writ of Habeas Corpus, # 2 Civil Cover Sheet Civil Cover Sheet)(Glynn, Kathleen) (Entered: 07/21/2026)

#2

Jul 21, 2026

NOTICE Law Student Appearance Form Louisa Wilson by Petitioner Josue Roman Garcia (Glynn, Kathleen) (Entered: 07/21/2026)

#3

Jul 21, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, 2 Notice (Other) filed by attorney Kathleen M. Glynn. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block on all future documents.(Text Only Entry). (manoe, ) (Entered: 07/21/2026)

#4

Jul 21, 2026

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (manoe, ) (Entered: 07/21/2026)

#5

Jul 21, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 07/21/2026)

#6

Jul 23, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 7/23/2026. Consent Form due by 7/30/2026. (sphil, ) (Entered: 07/23/2026)

#7

Jul 27, 2026

AFFIDAVIT/RETURN of Service Proof of Service with Exhibits 1-3 of Petition, pleadings, and OSC upon All Defendants on 07/27/2026, filed by Petitioner Josue Roman Garcia (Attachments: # 1 Exhibit Exhibits 1-3 to Proof of Service)(Glynn, Kathleen) (Entered: 07/27/2026)

#8

Jul 30, 2026

RESPONSE to 6 Order to Show Cause by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res), Attorney Nicholas Albert Deuschle added to party George Valdez(pty:res), Attorney Nicholas Albert Deuschle added to party David Venturella(pty:res). (Deuschle, Nicholas) (Entered: 07/30/2026)

#9

Jul 30, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella All parties consent.. (Deuschle, Nicholas) (Entered: 07/30/2026)

#10

Jul 31, 2026

ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 9 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Scott T. Varholak, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 07/31/2026. Text Only Entry. (agryan) (Entered: 07/31/2026)

#11

Jul 31, 2026

ORDER granting 1 Josue Roman Garcia's Petition for Writ of Habeas Corpus (the "Petition"). The parties have consented to proceed before a United States Magistrate Judge for all proceedings, including entry of a final judgment [#9]. Respondents indicate in their Response [#8] to this Court's Order to Show Cause [#6] that they are not submitting a brief in opposition to the Petition. Since the filing of this Petition, the Tenth Circuit has ruled on the issues before this Court. And it has found that the mandatory detention pursuant to Section 1225(b)(2)(A) "is limited to [Petitioners at] the border" of the United States. Quiroz v. Mullin, No. 26-6019, 2026 WL 1876709, at *8 (10th Cir. June 30, 2026). Thus where, as here, a petitioner is not detained at the border but is rather detained inside the United States, Section 1226 governs. See generally id. And this Court has previously opined that, in circumstances resembling those of this case, the appropriate remedy is to provide Petitioner with a bond hearing under Section 1226(a) at which the government bears the burden of proving by clear and convincing evidence that Petitioner's continued detention is necessary to prevent flight or danger to the community. See, e.g., Arreola Diaz v. Baltazar, No. 26-cv-01248-STV, 2026 WL 1256550, at *1 (D. Colo. May 7, 2026); see also Quiroz, 2026 WL 1876709, at *17 n.13 (finding that the appropriate remedy in a similar context is to require that the respondents provide a bond hearing or release the petitioner within seven days of the court's order granting the petition). Accordingly, the Court ORDERS that (1) the Petition is GRANTED to the extent it seeks a bond hearing; (2) Respondents shall provide Petitioner with a bond hearing in which the Government bears the burden of proof by clear and convincing evidence under 8 U.S.C. §1226(a) within SEVEN DAYS of the date of this Court's Order; and (3) Respondents shall file a status report within TEN DAYS of the date of this Court's order to certify compliance. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/31/2026. Text Only Entry (stvlc6, ) (Entered: 07/31/2026)

Jul 31, 2026

Order on Consent to Jurisdiction of Magistrate Judge

Jul 31, 2026

Minute Order

#12

Aug 03, 2026

STIPULATION re 11 Minute Order,,,,,,,,, to Extension of Time for Bond Hearing by Petitioner Josue Roman Garcia. (Glynn, Kathleen) (Entered: 08/03/2026)

#13

Aug 04, 2026

JUDGMENT by Clerk re: 11 Minute Order on 8/4/2026. (schap, ) (Entered: 08/04/2026)

#14

Aug 07, 2026

MOTION for Reconsideration re 11 Minute Order,,,,,,,,, by Petitioner Josue Roman Garcia. (Attachments: # 1 Exhibit Exhibits 1-2 to Motion to Reconsider)(Glynn, Kathleen) (Entered: 08/07/2026)

#15

Aug 07, 2026

MINUTE ORDER This matter is before the Court on 14 Motion to Reconsider. Respondent shall respond to the Motion on or before 8/14/2026. Petitioner may then reply on or before 8/21/2026. The Court sets a Motion Hearing for 8/25/2026 at 03:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/7/2026. Text Only Entry (stvlc6, ) (Entered: 08/07/2026)

Aug 07, 2026

Minute Order

#16

Aug 13, 2026

STATUS REPORT pursuant to the Court's July 31, 2026, Order (ECF No. 11) by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Attachments: # 1 Exhibit 1 - Bond Decision)(Deuschle, Nicholas) (Entered: 08/13/2026)

#17

Aug 14, 2026

RESPONSE to 14 MOTION for Reconsideration re 11 Minute Order,,,,,,,,, Attorney 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 George Valdez(pty:res), Attorney Elizabeth Erin Puskar added to party David Venturella(pty:res) filed by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Attachments: # 1 Exhibit Exh. A)(Puskar, Elizabeth) (Entered: 08/14/2026)

#18

Aug 20, 2026

REPLY to Response to 14 MOTION for Reconsideration re 11 Minute Order,,,,,,,,, Reply to Response (ECF No. 17) filed by Petitioner Josue Roman Garcia. (Attachments: # 1 Exhibit Exhibits 1-3 to Reply)(Glynn, Kathleen) (Entered: 08/20/2026)

#19

Aug 20, 2026

MOTION to Enforce 11 Minute Order,,,,,,,,, Court's July 31, 2026 Order by Petitioner Josue Roman Garcia. (Attachments: # 1 Exhibit Exhibits 1-4 to Motion to Enforce)(Glynn, Kathleen) (Entered: 08/20/2026)

#20

Aug 20, 2026

MINUTE ORDER This matter is before the Court on 19 Motion to Enforce Court's July 31, 2026 Order, ECF No. 11. Respondents shall respond to the Motion on or before 9/3/2026. The Motion Hearing set for 8/25/2026 is VACATED. The Court will take up both the 19 Motion and the 14 Motion at a Hearing set for 9/15/2026 at 9:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/20/2026. Text Only Entry (stvlc7, ) (Entered: 08/20/2026)

Aug 20, 2026

Minute Order

#23

Sep 15, 2026

Order on Motion for Reconsideration AND Order on Motion to Enforce