District of Colorado • 1:26-cv-03767

#1

Aug 11, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (paid), filed by Mauricio Mercado Rodriguez. (Attachments: # 1 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#2

Aug 11, 2026

Judge Assignment to Judge Jose E. Martinez (kma) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#3

Aug 11, 2026

Clerk's Notice of Receipt of Filing Fee received on 8/11/2026 in the amount of $ 5.00, receipt number 22465 (kma) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#4

Aug 11, 2026

PAPERLESS ORDER STRIKING Petitioner's Emergency Motion for Temporary Restraining Order and Motion to Stay Removal ("Motions") as improperly embedded within Petitioner's Petition for Writ of Habeas Corpus. See 1 . Petitioner may refile these Motions as separate docket entries in accordance with Local Rule 7.1(a) and Federal Rule of Civil Procedure 65(b). The Petition itself shall remain pending. Signed by Judge Jose E. Martinez on 8/11/2026. (lsn) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#5

Aug 11, 2026

ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Jose E. Martinez on 8/11/2026. See attached document for full details. (drz) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#6

Aug 11, 2026

ORDER TO SHOW CAUSE re 1 Application/Petition (Complaint) for Writ of Habeas Corpus, filed by Mauricio Mercado Rodriguez. Show Cause Response due by 8/17/2026. Signed by Judge Jose E. Martinez on 8/11/2026. See attached document for full details. (drz) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/11/2026)

#7

Aug 12, 2026

NOTICE of Transfer by Broward Transitional Center, ICE Field Office Director, U.S. Attorney General, U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement. Attorney Mona L. Smith added to party Broward Transitional Center(pty:dft), Attorney Mona L. Smith added to party ICE Field Office Director(pty:dft), Attorney Mona L. Smith added to party U.S. Attorney General(pty:dft), Attorney Mona L. Smith added to party U.S. Department of Homeland Security(pty:dft), Attorney Mona L. Smith added to party U.S. Immigration and Custom Enforcement(pty:dft). (Attachments: # 1 Exhibit Exh. A, Detention History) (Smith, Mona) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/12/2026)

Aug 12, 2026

SYSTEM ENTRY - Docket Entry 8 [misc] restricted/sealed until further notice. (2276425) [Transferred from Florida Southern on 8/17/2026.]

#9

Aug 14, 2026

ORDER on 7 Notice of Transfer: Transferring Case to the District of Colorado; Case is Closed. Signed by Judge Jose E. Martinez on 8/14/2026. See attached document for full details. (ls) [Transferred from Florida Southern on 8/17/2026.] (Entered: 08/17/2026)

#10

Aug 17, 2026

Case transferred in from District of Florida Southern; Case Number 0:26-cv-62221. File, transfer order and docket sheet received (Entered: 08/17/2026)

#11

Aug 17, 2026

FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (eguth, ) (Entered: 08/17/2026)

#12

Aug 17, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) (Entered: 08/17/2026)

#13

Aug 18, 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. Accordingly, this case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-03767-STV, by Magistrate Judge Richard T. Gurley on 08/19/2026. 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. (agryan) Modified on 8/19/2026 to correct date filed (agryan). (Entered: 08/19/2026)

#14

Aug 19, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) (Entered: 08/19/2026)

#15

Aug 19, 2026

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 8/19/2026. Respondents must show cause within fourteen (14) days from the date of this Order why the Application for a writ of habeas corpus should not be granted. ORDERED that within fourteen (14) days of Respondents' answer to this Order to Show Cause, Petitioner may file a reply. ORDERED that, pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before September 2, 2026. This Order to Show Cause displaces any other Order to Show Cause filed in any other jurisdiction. 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. (sphil, ) (Entered: 08/19/2026)

#16

Aug 20, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 15 Order to Show Cause for Service of Process. (sphil, ) (Entered: 08/20/2026)

#17

Aug 21, 2026

Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado ON 8/21/2026. (sphil, ) (Entered: 08/25/2026)

#18

Aug 31, 2026

RESPONSE to 15 Order to Show Cause,,, by Respondents Attorney General of the United States, Juan Baltazar, Director, U.S. Immigration and Customs Enforcement, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland SecurityAttorney Erika A. Kelley added to party Attorney General of the United States(pty:res), Attorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Erika A. Kelley added to party Field Office Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Erika A. Kelley added to party Secretary, U.S. Department of Homeland Security(pty:res). (Kelley, Erika) (Entered: 08/31/2026)

#19

Aug 31, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Attorney General of the United States, Juan Baltazar, Director, U.S. Immigration and Customs Enforcement, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security All parties do not consent.. (Kelley, Erika) (Entered: 08/31/2026)

#20

Sep 01, 2026

CASE REASSIGNED. Pursuant to 19 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-03767-DDD. (Text Only Entry) (sphil, ) (Entered: 09/01/2026)

#21

Sep 01, 2026

ORDER GRANTING 1 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. 18 at 1.It is therefore ORDERED that: 15 Order to Show Cause is MADE ABSOLUTE, and 1 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 09/01/2026. Text Only Entry. 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. (agryan) (Entered: 09/01/2026)

Sep 01, 2026

Order

#22

Sep 09, 2026

STATUS REPORT pursuant to Order (ECF No. 21) by Respondents Attorney General of the United States, Juan Baltazar, Director, U.S. Immigration and Customs Enforcement, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security. (Kelley, Erika) (Entered: 09/09/2026)

#23

Sep 10, 2026

ORDER re: 22 Status Report filed by Respondents.The respondents report that the petitioner has been provided with a bond hearing before an immigration judge. The petitioner may file a response on or before 9/24/2026 explaining any reasons why this case should not be closed.SO ORDERED by Chief Judge Daniel D. Domenico on 09/10/2026. Text Only Entry. 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. (agryan) (Entered: 09/10/2026)

Sep 10, 2026

Order