District of Colorado • 1:26-cv-03315

Vasquez Gonzalez v. Venturella

Completed

Case Information

Filed: July 22, 2026
Assigned to: Charlotte N. Sweeney
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: September 23, 2026
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 22, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118843), filed by Miguel Angel Vasquez Gonazalez. (Attachments: # 1 Envelope, # 2 Receipt)(dhern, ) (Entered: 07/22/2026)
Main Document: APPLICATION
#2
Jul 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. (dhern, ) (Entered: 07/22/2026)
#3
Jul 23, 2026
ORDER to File Amended Habeas Application. ORDERED that Applicant shall have thirty (30) days from the date of this order to file an amended habeas application providing a clear statement of the federal claims he is asserting and the facts supporting those claims. Applicant must include all claims and allegations in the amended habeas application. By Magistrate Judge Richard T. Gurley on 7/23/2026. 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: 07/23/2026)
Main Document: Order
#4
Aug 07, 2026
AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. 2241, filed by Miguel Angel Vasquez Gonazalez. (Attachments: # 1 Envelope)(jrobe, ) (Entered: 08/10/2026)
Main Document: AMENDED
#5
Aug 21, 2026
ORDER DRAWING CASE. After review under D.C.COLO.LCivR 8.1, 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 08/21/2026. Case randomly assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 26-cv-03315-CNS. 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: 08/21/2026)
Main Document: Order Reassigning Case
#6
Aug 21, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, ) (Entered: 08/21/2026)
Main Document: Magistrate
#7
Aug 24, 2026
MINUTE ORDER: Before the Court is Petitioner's amended habeas application. ECF No. 4 . In the application, Petitioner seeks release from detention. Id. at 4. Within five (5) calendar days of service, Respondent is ORDERED TO RESPOND to the application and are ORDERED TO SHOW CAUSE as to why it should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), 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 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 Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 8/24/2026. 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. Text Only Entry (cnsja, ) (Entered: 08/24/2026)
#8
Aug 24, 2026
MINUTE ORDER: The Court orders that the Clerk of Court's Office effectuate service of process on Respondent, ECF Nos. 1 through 7, and file a certificate of service. Counsel for Respondent shall promptly enter a notice of appearance. By Judge Charlotte N. Sweeney on 8/24/2026. 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. Text Only Entry (cnsja, ) (Entered: 08/24/2026)
Aug 24, 2026
Minute Order
#9
Aug 25, 2026
CERTIFICATE of Service, by Clerk of Court re 4 Amended Application for Writ of Habeas Corpus, 7 Minute Order to Show Cause for Service of Process. (sphil, ) (Entered: 08/25/2026)
Main Document: CERTIFICATE
#10
Aug 25, 2026
USPS Certified Mail Receipts re: 9 Certificate of Service for Service of Process. (sphil, ) (Entered: 08/25/2026)
Main Document: USPS
#11
Aug 25, 2026
Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado on 8/25/2026. (sphil, ) (Entered: 08/26/2026)
Main Document: Acknowledgment
#12
Aug 28, 2026
RESPONSE to 7 Minute Order,,,,,, by Respondents Juan Baltazar, David VenturellaAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party David Venturella(pty:res). (Prochazka, Julia) (Entered: 08/28/2026)
Main Document: RESPONSE
#13
Aug 31, 2026
MINUTE ORDER: Before the Court is Petitioner's amended habeas application, ECF No. 1, and Respondent's response to it, ECF No. 12. In the response, Respondent states that he is "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondent's response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's amended habeas application, ECF No. 4. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, and may not impose any additional conditions of release or supervision beyond those he was subject to immediately prior to his recent detention. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 12 at 1-2, this argument fail to persuade. Compare ECF No. 12 at 1, with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 8/31/2026. 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. Text Only Entry (cnsja, ) (Entered: 08/31/2026)
#15
Aug 31, 2026
RETURN Certified Mail Receipt of Service upon Juan Baltazar Warden of Aurora ICE P.C. (sphil, ) (Entered: 09/02/2026)
Main Document: RETURN
Aug 31, 2026
Minute Order
#14
Sep 02, 2026
STATUS REPORT by Respondents Juan Baltazar, David Venturella. (Prochazka, Julia) (Entered: 09/02/2026)
Main Document: STATUS
#16
Sep 03, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Miguel Angel Vasquez Gonazalez. Petitioner Party Does Not Consent. (eguth, ) (Entered: 09/04/2026)
Main Document: CONSENT
#17
Sep 14, 2026
Mail Returned as Undeliverable Addressed to Miguel Angel Vasquez Gonzalez re 13 . (pklin, ) (Entered: 09/14/2026)
Main Document: Mail
#18
Sep 14, 2026
RETURN Certified Mail Receipt of Service upon the United States Attorney General on 9/4/2026. (sphil, ) (Entered: 09/15/2026)
Main Document: RETURN
#19
Sep 21, 2026
Mail Returned as Undeliverable re: 16 Consent to Jurisdiction of Magistrate Judge Addressed to Miguel Angel Vasquez Gonazalez. (bschl, ) (Entered: 09/22/2026)
Main Document: Mail
#20
Sep 22, 2026
MINUTE ORDER: Pursuant to the Court's Order, ECF No. 13, and the representations made in the Status Report, ECF No. 14, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/22/2026. Text Only Entry (cnsja, ) (Entered: 09/22/2026)
Sep 22, 2026
Minute Order
#21
Sep 23, 2026
FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 9/23/26. 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. (jdyne, ) (Entered: 09/23/2026)
Main Document: Judgment
#22
Oct 09, 2026
Mail Returned as Undeliverable re: 21 Judgment Addressed to Miguel Angel Vasquez Gonzalez. (dhern, ) (Entered: 10/09/2026)
Main Document: Mail

Parties

Vasquez Gonazalez (PS)
Party
Venturella
Party