District of Colorado • 1:26-cv-04363

Gutierrez-Aragon v. Facility Administrator, D.C.D.F.

Completed

Case Information

Filed: September 14, 2026
Assigned to: Nina Y. Wang
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: October 19, 2026
Last Activity: October 19, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 14, 2026
APPLICATION for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Filing fee $ 5.00, Receipt Number 119505), filed by Marvin Antonio Gutierrez-Aragon. (Attachments: # 1 Receipt, # 2 Envelope)(agryan) (Entered: 09/14/2026)
Main Document: APPLICATION
#2
Sep 14, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (agryan) (Entered: 09/14/2026)
#3
Sep 18, 2026
ORDER DRAWING CASE. It is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-04363-NYW). Entered by Magistrate Judge Richard T. Gurley on 9/18/2026. 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. (echa, ) (Entered: 09/18/2026)
Main Document: Order Reassigning Case
#4
Sep 18, 2026
ORDER. Upon review of the Petition, the Clerk of Court is DIRECTED to serve Respondent with a copy of this Order, a copy of the Petition, and any attached exhibits, and to enter a Certificate of Service. Counsel for Respondent shall promptly enter their notices of appearance. Within seven days of service, Respondent shall SHOW CAUSE why the Petition shall not be granted. Any reply shall be filed no later than 21 days after the Response. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondent SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondent's custody. This order does not preclude Respondent from removing Petitioner from the United States pursuant to a final order of removal. This order shall remain in effect unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. By Judge Nina Y. Wang on 9/18/2026. 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: 09/18/2026)
Main Document: Order
#5
Sep 18, 2026
CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 4 Order, for service of process. (Attachments: # 1 Facility Administrator, D.C.D.F. Certified Slip, # 2 USAG Certified Slip) (ggill, ) (Entered: 09/18/2026)
Main Document: CERTIFICATE
#6
Sep 18, 2026
RETURN of Service upon the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 09/21/2026)
Main Document: RETURN
#7
Sep 25, 2026
RESPONSE to 4 Order,,,, by Respondent Facility Administrator, D.C.D.F.Attorney Elliot Wertheim added to party Facility Administrator, D.C.D.F.(pty:res). (Wertheim, Elliot) (Entered: 09/25/2026)
Main Document: RESPONSE
#8
Sep 25, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondent Facility Administrator, D.C.D.F. All parties do not consent.. (Wertheim, Elliot) (Entered: 09/25/2026)
Main Document: CONSENT
#9
Sep 28, 2026
CERTIFIED MAIL RETURN as to Facility Administrator, D.C.D.F. (echa, ) (Entered: 09/28/2026)
Main Document: CERTIFIED
#10
Oct 01, 2026
Memorandum Opinion and ORDER. IT IS ORDERED that: (1) The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 ] is GRANTED; (2) Respondent shall provide Petitioner a constitutionally adequate bond hearing no later than October 8, 2026. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is justified. If Respondent does not provide Petitioner with a constitutionally adequate bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention; (3) On or before October 15, 2026, Respondent shall file a status report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, the date Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required; and (4) A copy of this Order shall be sent to Petitioner at his address of record. By Judge Nina Y. Wang on 10/1/2026. 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. (ggill, ) (Entered: 10/01/2026)
Main Document: Order
#11
Oct 05, 2026
RETURN of Service upon the USAG. (ggill, ) (Entered: 10/05/2026)
Main Document: RETURN
#12
Oct 15, 2026
STATUS REPORT pursuant to the Court's October 1, 2026, Order (ECF No. 10) by Respondent Facility Administrator, D.C.D.F.. (Deuschle, Nicholas) (Entered: 10/15/2026)
Main Document: STATUS
#13
Oct 19, 2026
MINUTE ORDER: In light of the representations made in the 12 Status Report, the Clerk of Court shall enter judgment in favor of Petitioner and close this case. Petitioner is awarded costs under Local Rule 54.1. By Judge Nina Y. Wang on 10/19/2026. 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. Text Only Entry (nywlc2, ) (Entered: 10/19/2026)
#14
Oct 19, 2026
FINAL JUDGMENT in favor of Marvin Antonio Gutierrez-Aragon against Facility Administrator, D.C.D.F. pursuant to the 13 Minute Order. Entered by Clerk on 10/19/2026. 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. (hguer) (Entered: 10/19/2026)
Main Document: Judgment
Oct 19, 2026
Minute Order

Parties

Facility Administrator, D.C.D.F.
Party
Gutierrez-Aragon (PS)
Party