District of Utah • 1:26-cv-00166

#1

Sep 20, 2026

PETITION for Writ of Habeas Corpus - ICE with In Forma Pauperis request filed by Victor Manuel Montilla. (Phelps, Nathan) (Entered: 09/20/2026)

#2

Sep 20, 2026

MOTION for Leave to Proceed in forma pauperis. filed by Petitioner Victor Manuel Montilla. (Phelps, Nathan) (Entered: 09/20/2026)

#3

Sep 20, 2026

Civil Cover Sheet (JS44) Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance, filed by Victor Manuel Montilla. (Phelps, Nathan) (Main Document 3 replaced on 9/21/2026) (tjw). (Entered: 09/20/2026)

#4

Sep 21, 2026

Modification of Docket: Error: To ensure the security and integrity of your future filings, please refer to the ECF Procedures Manual regarding flattening documents. Correction: As a courtesy, the clerk has replaced this document. No further action Is needed. Please note for future reference. re 3 Civil Cover Sheet JS44,. (tjw) (Entered: 09/21/2026)

#5

Sep 21, 2026

REMARK: Courtesy email regarding case filing sent to USAO duty attorney.(tjw) (Entered: 09/21/2026)

Sep 21, 2026

Judge David Barlow added. Case number will now read 1:26-cv-00166_DBB. Please make changes to document captions accordingly. (tjw)

#6

Sep 22, 2026

ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge David Barlow on 09/22/2026. (edl) (Entered: 09/22/2026)

#7

Sep 22, 2026

DOCKET TEXT ORDER. The court is in receipt of Petitioner's 1 Petition for Writ of Habeas Corpus. The parties are ordered to meet and confer about a proposed briefing schedule and/or a status hearing regarding the petition and shall provide an update to the court no later than Thursday, September 24, 2026, at 5 p.m. Signed by Judge David Barlow on 09/22/2026. (edl) (Entered: 09/22/2026)

#8

Sep 22, 2026

Remark: USAO duty attorney was notified via email re 7 Order. (bg) (Entered: 09/23/2026)

Sep 22, 2026

Order Referring Case to Magistrate Judge

Sep 22, 2026

Order

#9

Sep 23, 2026

MOTION for Alternative Service filed by Petitioner Victor Manual Montilla. Motions referred to Cecilia M. Romero.(Phelps, Nathan) (Entered: 09/23/2026)

#10

Sep 24, 2026

NOTICE of Appearance by Adam S. Elggren on behalf of Todd Blanche, Chad Jenson, Markwayne Mullin (Elggren, Adam) (Entered: 09/24/2026)

#11

Sep 24, 2026

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Cecilia M. Romero on 09/24/2026. (faf) (Entered: 09/24/2026)

#12

Sep 24, 2026

RESPONSE re 7 Order,, filed by Victor Manual Montilla. (Phelps, Nathan) (Entered: 09/24/2026)

#13

Sep 25, 2026

DOCKET TEXT ORDER. Based on the parties' 12 response to the court's order to meet and confer, Respondents shall have until the end of day October 2, 2026 to file a response to the petition, and Petitioner shall have until the end of day October 9, 2026 to file a reply, if any. Signed by Judge David Barlow on 09/25/2026. (edl) (Entered: 09/25/2026)

Sep 25, 2026

Order

#14

Oct 02, 2026

REPLY BRIEF re 1 Petition for Writ of Habeas Corpus (Response to Petition) filed by Respondents Todd Blanche, Chad Jenson, Markwayne Mullin. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Elggren, Adam) (Entered: 10/02/2026)

#15

Oct 09, 2026

RESPONSE re 14 Reply Brief,, filed by Victor Manual Montilla. (Attachments: # 1 Exhibit Ex.A - 1st Asylum Petition, # 2 Exhibit Ex.B - 2nd Asylum Petition, # 3 Exhibit Ex.C - Employment Authorization, # 4 Exhibit Ex.D - ACIS info)(Phelps, Nathan) (Entered: 10/09/2026)

#16

Oct 13, 2026

DOCKET TEXT ORDER. The court is in receipt of the Petition for Habeas Corpus, the Governments Response, and the Petitioners Reply. It appears to the court that the parties inadvertently are largely talking past each other because of how the Petition was framed. Petitioner reasonably supposed he was being detained because of criminal charges on which he recently was tried, even though he was acquitted. In its Response, the Government expressly disclaimed that Petitioner was being detained because of criminal charges. Instead, the Government argued that because Petitioners parole had expired, he was now mandatorily detained under 8 U.S.C. Section 1225. The Government also failed to locate Petitioners asylum application, and so was unsure of Petitioners status. In Reply, Petitioner supplied evidence of his asylum application, which has been submitted twice, and noted that this court and many other courts have rejected the argument that asylum applicants paroled into the country are subject to mandatory detention under Section 1225, but instead are governed by Section 1226(a), which permits discretionary release. See, e.g, Rodriguez v. Leyva, 2026 WL 2797321 at *3-6. Finally, the court notes that neither party addressed the statement in the I-213 form that "Montilla will be released from ICE Custody under the following condition participation in the Alternative to Detention Program." ECF No. 14-3. 38.To expeditiously address these issues, the court enters the following order. By Thursday, October 15, the Government should show cause why: (1) Mr. Montilla should not be released to participation in the Alternative to Detention Program as stated in the I-213 form; and (2) in the alternative, why this court should not follow Part III, "Section 1226, not Section 1225, applies" in Rodriguez v. Leyva and the various other cases cited by Petitioner that Section 1226 applies. Petitioner may file a response, if any, by Monday, October 19. If during this process the parties reach an agreement, they may inform the court in lieu of these briefing requirements. If the parties do not reach agreement, the court will schedule a hearing or otherwise rule without further notice. Signed by Judge David Barlow on 10/13/2026. (edl) (Entered: 10/13/2026)

Oct 13, 2026

Order