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)

#8

Aug 31, 2026

CERTIFIED MAIL RETURN Receipt as to Juan Baltazar re: 6 Certificate of Service (agryan) (Entered: 08/31/2026)

#9

Sep 04, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Manuel Cabrera Arteaga. Petitioner Party Does Not Consent. (eguth, ) (Entered: 09/04/2026)

#10

Sep 08, 2026

CERTIFIED MAIL RETURN Receipt as to United States Attorney General re: 6 Certificate of Service (agryan) (Entered: 09/09/2026)

#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

#13

Sep 24, 2026

MOTION for Extension of Time to Comply with Order by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer. (Brown, Logan) (Entered: 09/24/2026)

#14

Sep 24, 2026

ORDER GRANTING 13 Motion for Five-Day Extension of Time. No later than 9/29/2026, the respondents must provide the petitioner with a bond hearing as directed in Doc. 12 or else release the petitioner. SO ORDERED by Chief Judge Daniel D. Domenico on 9/24/2026. 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.(rkeec) (Entered: 09/24/2026)

Sep 24, 2026

Order on Motion for Extension of Time to File

#15

Sep 29, 2026

CERTIFIED MAIL RETURN Receipt as to Markwayne Mullin re: 6 Certificate of Service (agryan) (Entered: 09/29/2026)

#16

Oct 02, 2026

STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer. (Brown, Logan) (Entered: 10/02/2026)

#17

Oct 05, 2026

ORDER re: 16 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 10/19/2026 explaining any reasons why this case should not be closed.SO ORDERED by Judge Daniel D. Domenico on 10/5/2026. 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: 10/05/2026)

Oct 05, 2026

Order

#18

Oct 07, 2026

MOTION to Enforce by Petitioner Manuel Cabrera Arteaga. (agryan) (Entered: 10/07/2026)

#19

Oct 07, 2026

ORDER re: 18 Motion to Enforce. The respondents must respond to the motion on or before 10/14/2026. If the respondents do not file a substantive response, the Court will order them to immediately release the petitioner from detention. SO ORDERED by Judge Daniel D. Domenico on 10/07/2026. 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: 10/07/2026)

Oct 07, 2026

Order

#20

Oct 14, 2026

RESPONSE to 18 MOTION to Enforce by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer. (Brown, Logan) (Entered: 10/14/2026)

#21

Oct 14, 2026

ORDER GRANTING 18 Motion to Enforce.The Court previously ordered that "[i]f the respondents do not file a substantive response [to the motion to enforce], the Court will order them to immediately release the petitioner from detention." Doc. 19. The respondents have filed a non-substantive response stating that they "are not submitting a brief in opposition to the Motion," and they "recognize that the Court may then decide to grant the Motion and award appropriate relief." Doc. 20 .Accordingly, the respondents are ORDERED to immediately release Petitioner Manuel Cabrera Arteaga from detention and file a status report within one week of this Order confirming he has been released.SO ORDERED by Judge Daniel D. Domenico on 10/14/2026. 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: 10/14/2026)

Oct 14, 2026

Order on Motion to Enforce

#22

Oct 20, 2026

STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, Lance Schroyer. (Brown, Logan) (Entered: 10/20/2026)

#23

Oct 20, 2026

ORDER re: 22 Status Report filed by Respondents. The Clerk of Court is DIRECTED to enter final judgment in favor of the petitioner pursuant to 12 Order Granting in Part 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and 21 Order Granting 18 Motion to Enforce. SO ORDERED by Judge Daniel D. Domenico on 10/20/2026. 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. Text Only Entry. (rkeec) (Entered: 10/20/2026)

#24

Oct 20, 2026

FINAL JUDGMENT by Clerk in favor of Manuel Cabrera Arteaga against Juan Baltazar, Lance Schroyer, Markwayne Mullin entered by Judge Daniel D. Domenico on 10/20/2026. 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. (rkeec) (Entered: 10/20/2026)

Oct 20, 2026

Order