District of Colorado • 1:26-cv-03895

#1

Aug 25, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119231), filed by Manuel Cabrera Arteaga. (Attachments: # 1 Receipt)(dhern, ) (Entered: 08/25/2026)

#2

Aug 25, 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: 08/25/2026)

#3

Aug 25, 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 08/25/2026. Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-03895-DDD. 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: 08/25/2026)

#4

Aug 25, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, ) (Entered: 08/25/2026)

#5

Aug 26, 2026

ORDER TO SHOW CAUSE:Having reviewed 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within three weeks after service why the application for a writ of habeas corpus should not be granted.The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 08/26/2026. 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: 08/26/2026)

#6

Aug 26, 2026

CERTIFICATE of Service by Clerk of Court re 5 Order to Show Cause,, 1 Application for Writ of Habeas Corpus (Attachments: # 1 Certified Mail Receipts) (agryan) (Entered: 08/26/2026)

Aug 26, 2026

Order to Show Cause

#7

Aug 27, 2026

ACKNOWLEDGEMENT of Receipt of Documents by the United States Attorney's Office re 6 Certificate of Service (agryan) (Entered: 08/28/2026)

#11

Sep 16, 2026

RESPONSE to 5 Order to Show Cause,, by Respondents Juan Baltazar, Markwayne Mullin, Lance SchroyerAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res), Attorney Logan P. Brown added to party Lance Schroyer(pty:res). (Brown, Logan) (Entered: 09/16/2026)

#12

Sep 17, 2026

ORDER GRANTING IN PART 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention. 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," which they assert is a bond hearing before an immigration judge. Doc. 11 at 1-2.It is therefore ORDERED that 5 Order to Show Cause is MADE ABSOLUTE, and 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED IN PART.Within 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 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 business 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 9/17/2026. 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: 09/17/2026)

Sep 17, 2026

Order