District of Colorado • 1:26-cv-03540

#1

Aug 04, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11188800)Attorney Michael George Brucki added to party KEVIN AUDIEL VELIS AMAYA (pty:pet), filed by KEVIN AUDIEL VELIS AMAYA. (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit, # 3 Affidavit, # 4 Proposed Order (PDF Only), # 5 Continuation of Main Document, # 6 Continuation of Main Document, # 7 Continuation of Main Document, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Brucki, Michael) (Entered: 08/04/2026)

#2

Aug 04, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus,, filed by attorney Michael George Brucki. 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) (dhern, ) (Entered: 08/05/2026)

#3

Aug 04, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus,, filed by attorney Michael George Brucki. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (dhern, ) (Entered: 08/05/2026)

#4

Aug 04, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus,, filed by attorney Michael George Brucki. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (dhern, ) (Entered: 08/05/2026)

#5

Aug 04, 2026

Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (dhern, ) (Entered: 08/05/2026)

#6

Aug 05, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dhern, ) (Entered: 08/05/2026)

#7

Aug 05, 2026

ORDER TO SHOW CAUSE by Chief Judge Daniel D. Domenico on 8/5/2026. The petitioner must serve the respondents with 1 Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and in light of Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026), within one week after service of the petition the respondents must either:(a) provide the petitioner with a bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. §§ 236.1(d)(1), 1003.19, & 1236.1(d)(1) or else release the petitioner, and file a status report stating the results of any bond hearing that was conducted or the date of the petitioner's release if no bond hearing was held; or(b) SHOW CAUSE why this case is distinguishable from Santillan Quiroz and the application for a writ of habeas corpus should not be granted.The respondents must provide the petitioner's counsel no less than three business days' notice in advance of any bond hearing. At any bond hearing, the Government must bear the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021); Kuzmic v. Baltasar, No. 26-cv-00577-CYC, 2026 WL 1291853, at *2, *5 (D. Colo. May 12, 2026); Guevara Gacia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026); Barreno v. Baltasar, No. 025-cv-03017-GPG-TPO, 2025 WL 3190936, at *3 (D. Colo. Nov. 14, 2025); Diaz-Ceja v. McAleenan, No. 19-cv-00824-NYW, 2019 WL 2774211, at *11 to *12 (D. Colo. July 2, 2019); cf. United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003).The petitioner may file a reply within two weeks of service of any show-cause response(s). Text Only Entry (sphil, ) (Entered: 08/05/2026)

#8

Aug 05, 2026

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned, by Chief Judge Daniel D. Domenico on 8/5/2026. Text Only Entry (sphil, ) (Entered: 08/05/2026)

Aug 05, 2026

Order Referring Case to Magistrate Judge

Aug 05, 2026

Order to Show Cause