District of Colorado • 1:26-cv-03706

#1

Aug 12, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filed Pro Se b a Detained Petitioner), filed by Carlos Ernesto Guerra Cruz. (Attachments: # 1 Exhibit, # 2 Envelope)(dhern, ) (Entered: 08/13/2026)

#2

Aug 12, 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: 08/13/2026)

#3

Aug 14, 2026

Filing fee: $ 5, receipt number 119100 (jberr, ) (Entered: 08/14/2026)

#4

Aug 17, 2026

ORDER Drawing Case. 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 8/17/2026. (Case randomly reassigned to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-03706-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. (eluce, ) (Entered: 08/17/2026)

#5

Aug 17, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eluce, ) (Entered: 08/17/2026)

#6

Aug 17, 2026

AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Carlos Ernesto Guerra Cruz. (Attachments: # 1 Envelope)(eluce, ) (Entered: 08/18/2026)

#7

Aug 21, 2026

ORDER TO SHOW CAUSE. On or before September 2, 2026, Respondents shall show cause why the amended petition [ECF 6 ] should not be granted.Respondents also shall address whether Petitioner was arrested [o]n a warrant issued by the Attorney General, see 28 U.S.C. § 1226(a), and if so, submit that administrative arrest warrant as an exhibit.By the same deadline of September 2, 2026, the Parties shall complete and file the Magistrate Judge Consent Form [ECF 5 ].On or before September 23, 2026, Petitioner may file a Reply in support of the amended petition. By Magistrate Judge Timothy P O'Hara on 8/20/2026. 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: 08/21/2026)

#8

Aug 24, 2026

CERTIFICATE of Service by Clerk of Court re 7 Order to Show Cause, 6 Amended Application for Writ of Habeas Corpus, for service of process. (Attachments: # 1 Warden Slip, # 2 Director Slip, # 3 Field Office Director, # 4 USAG Slip) (ggill, ) # 5 Secretary Slip) # 6 Amended Certificate of Service) (ggill, ). Modified on 8/24/2026 to add amended certificate (ggill, ). (Entered: 08/24/2026)

#9

Aug 24, 2026

RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 08/24/2026)

#10

Aug 28, 2026

RETURN of Service upon Field Office Director. (ggill, ) (Entered: 08/28/2026)

#11

Aug 28, 2026

RETURN of Service upon Warden. (ggill, ) (Entered: 08/28/2026)

#12

Aug 31, 2026

NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Attorney General of the United States, Director, Field Office Director, Secretary, WardenAttorney Julia M. Prochazka added to party Attorney General of the United States(pty:res), Attorney Julia M. Prochazka added to party Director(pty:res), Attorney Julia M. Prochazka added to party Field Office Director(pty:res), Attorney Julia M. Prochazka added to party Secretary (pty:res), Attorney Julia M. Prochazka added to party Warden(pty:res) (Prochazka, Julia) (Entered: 08/31/2026)

#13

Aug 31, 2026

RESPONSE to 7 Order to Show Cause,,, by Respondents Attorney General of the United States, Director, Field Office Director, Secretary, Warden. (Attachments: # 1 Exhibit 1)(Prochazka, Julia) (Entered: 08/31/2026)

#14

Aug 31, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Attorney General of the United States, Director, Field Office Director, Secretary, Warden All parties do not consent.. (Prochazka, Julia) (Entered: 08/31/2026)

#15

Aug 31, 2026

MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF 14 ] 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 Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv-03706-DDD). By Magistrate Judge Timothy P. O'Hara 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. (ggill, ) (Entered: 08/31/2026)

#16

Sep 01, 2026

ORDER GRANTING 6 Petition for Writ of Habeas Corpus.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention or a bond hearing before an immigration judge. The respondents state that they "are not submitting a brief in opposition to the Petition," and they "recognize that the Court may then decide to grant the Petition and award appropriate relief." Doc. 13 at 1.It is therefore ORDERED that: 7 Order to Show Cause is MADE ABSOLUTE, and 6 Petition for Writ of Habeas Corpus is GRANTED; andWithin one week of this Order, the respondents must provide the petitioner with a bond hearing before an immigration judge or else release the petitioner.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 respondents must file a status report within three days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Chief Judge Daniel D. Domenico on 9/1/2026. 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. (rkeec) (Entered: 09/01/2026)

Sep 01, 2026

Order

#17

Sep 02, 2026

NOTICE of Entry of Appearance by Ciara F. Faber on behalf of Carlos Ernesto Guerra CruzAttorney Ciara F. Faber added to party Carlos Ernesto Guerra Cruz(pty:pet) (Faber, Ciara) (Entered: 09/02/2026)

#18

Sep 02, 2026

MOTION to Enforce by Petitioner Carlos Ernesto Guerra Cruz. (Faber, Ciara) (Entered: 09/02/2026)

#19

Sep 04, 2026

ORDER re: 18 Motion to Enforce filed by Petitioner. The respondents must respond to the motion on or before 9/10/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 09/04/2026. Text Only Entry. (agryan) (Entered: 09/04/2026)

Sep 04, 2026

Order