Marquez Rico v. Baltazar et al
| Kevin Yohandri Marquez Rico |
| Juan Baltazar, Robert Hagan, Todd M. Lyons, Kristi Noem and Pamela Jo Bondi |
| 1:2025cv03943 |
| December 8, 2025 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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This docket was last retrieved on December 23, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 STATUS REPORT by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: #1 Exhibit A - Memorandum of Bond Decision and Order)(Gibson, Benjamin) |
Filing 9
ORDER: The Court GRANTS Petitioner's Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief, ECF No. #1 . Respondents are ordered to either (1) provide Petitioner with a bond hearing under 8 U.S.C. 1226(a) within SEVEN DAYS (on or before December 24, 2025), at which the government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence of dangerousness or flight risk; or (2) in the alternative, immediately release Petitioner from custody under reasonable conditions of supervision. Respondents are also ordered to file a status report within NINE DAYS of this order to certify compliance. The status report shall state if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial. By Judge Charlotte N. Sweeney on 12/16/2025. (cnsja, )
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| Filing 8 RESPONSE to #1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: #1 Exhibit 1 - Declaration of M. Ketels)(Gibson, Benjamin) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem, Petitioner Kevin Yohandri Marquez Rico All parties do not consent.. (Petiya, Scott) |
| Filing 6 AFFIDAVIT/RETURN of Service of Petition, Civil Cover Sheet, Exhibits, Magistrate Judge Form, Minute Order upon Juan Baltazar, Robert Hagan, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, US Attorney for District of Colorado on 12/11/2025, filed by Petitioner Kevin Yohandri Marquez Rico (Attachments: #1 Exhibit 1-3)(Petiya, Scott) |
| Filing 5 NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Pamela Jo Bondi, Robert Hagan, Todd M. Lyons, Kristi NoemAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Pamela Jo Bondi(pty:res), Attorney Benjamin Henry Gibson added to party Robert Hagan(pty:res), Attorney Benjamin Henry Gibson added to party Todd M. Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Kristi Noem(pty:res) (Gibson, Benjamin) |
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Filing 4
MINUTE ORDER: Before the Court is Petitioner's Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief. ECF No. #1 . In the Petition, Petitioner requests that the Court "[i]ssue a Writ of Habeas Corpus ordering Respondents to release him from custody or provide him with a bond hearing pursuant to 8 U.S.C. 1226(a) or the Due Process Clause within seven days[.]" Id. at 17. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than December 10, 2025, (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). 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 or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 12/9/2025. Text Only Entry (cnsja, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eluce, ) |
| Filing 2 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. Text Only Entry (eluce, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (verified) (Filing fee $ 5, Receipt Number ACODC-10703535)Attorney Scott Brian Petiya added to party Kevin Yohandri Marquez Rico(pty:pet), filed by Kevin Yohandri Marquez Rico. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-13)(Petiya, Scott) |
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