District of Colorado • 1:26-cv-04562
Portilla Ybarra v. Warden, Denver Contract Detention Facility
Completed
Case Information
Filed: September 16, 2026
Assigned to:
Regina M. Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Completed: October 13, 2026
Last Activity:
October 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 16, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119551), filed by Yoan Manuel Martin Portilla Ybarra. (Attachments: # 1 Civil Cover Sheet)(eguth, ) (Entered: 09/17/2026)
Main Document:
APPLICATION
#2
Sep 16, 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: 09/17/2026)
#3
Sep 17, 2026
ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES. ORDERED that Petitioner cure the deficiencies designated above within thirty (30) days from the date of this order. If Petitioner fails to cure all of the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. By Magistrate Judge Richard T. Gurley 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. (bschl, ) (Entered: 09/17/2026)
Main Document:
Order
#4
Sep 24, 2026
AMENDED APPLICATION for Writ of Habeas Corpus 28 U.S.C. § 2241, filed by Yoan Manuel Martin Portilla Ybarra. (bschl, ) (Entered: 09/24/2026)
Main Document:
AMENDED
#5
Sep 25, 2026
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 9/25/2026. Case randomly reassigned to Judge Regina M. Rodriguez and Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-4562-RMR. 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. (bschl, ) (Entered: 09/25/2026)
Main Document:
Order Reassigning Case AND ~Util - Set/Clear Flags
#6
Sep 25, 2026
ORDER. This matter is before the Court on Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. ECF No. 4 . The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the 4 Application, and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243. Pursuant to the All Writs Act, 28 U.S.C. § 1651(a) and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Judge Regina M. Rodriguez on 9/25/2026. 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 (rmrja) (Entered: 09/25/2026)
Sep 25, 2026
Order
#7
Sep 28, 2026
CERTIFICATE of Service by Clerk of Court re : Service of Process 4 Amended Application for Writ of Habeas Corpus, 6 Order, (Attachments: # 1 Certified Mail Receipts) (ccuen, ) (Entered: 09/28/2026)
Main Document:
CERTIFICATE
#8
Sep 29, 2026
ACKNOWLEDGEMENT LETTER on behalf of the United States Attorney's Office for the District of Colorado Re: 7 Certificate of Service (ccuen, ) (Entered: 09/29/2026)
Main Document:
ACKNOWLEDGEMENT
#9
Oct 05, 2026
RESPONSE to 6 Order,,,, by Respondent Warden, Denver Contract Detention FacilityAttorney Victor William Scarpato, III added to party Warden, Denver Contract Detention Facility(pty:res). (Scarpato, Victor) (Entered: 10/05/2026)
Main Document:
RESPONSE
#10
Oct 05, 2026
ORDER. 1. The Amended Petition for Writ of Habeas Corpus (ECF No. 4 ) is GRANTED; 2. Respondents shall IMMEDIATELY RELEASE Petitioner on his own recognizance, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioner's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 3. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 4. During such periods of time as Petitioner remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 5. On or before October 12, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Chief Judge Regina M. Rodriguez 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. (ccuen, ) (Entered: 10/05/2026)
Main Document:
Order
#11
Oct 05, 2026
Returned USPS Certified Mail Receipt re: 7 Certificate of Service Addressed to ICE Aurora Contract Detention Facility (ccuen, ) (Entered: 10/07/2026)
Main Document:
Returned
#12
Oct 09, 2026
STATUS REPORT by Respondent Warden, Denver Contract Detention Facility. (Scarpato, Victor) (Entered: 10/09/2026)
Main Document:
STATUS
#13
Oct 13, 2026
Judgment
Main Document:
Judgment
Parties
Portilla Ybarra (PS)
Party
Warden, Denver Contract Detention Facility
Party