Solano Rivas v. Noem et al
| Luis David Solano Rivas |
| Kristi Noem, Todd Lyons, Robert Guardian, Pamela Bondi and Juan Baltasar |
| 1:2026cv00954 |
| March 9, 2026 |
| U.S. District Court for the District of Colorado |
| Regina M Rodriguez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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| Document Text |
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| Filing 15 ERRATA re #14 Supplement/Amendment by Petitioner Luis David Solano Rivas. (Attachments: #1 Exhibit Petitioner's Criminal History, #2 Exhibit ICE Form I-862 Notice to Appear)(Gibbs, Stephanie) |
| Filing 14 SUPPLEMENT/AMENDMENT to #11 Reply by Petitioner Luis David Solano Rivas. (Gibbs, Stephanie) |
| Filing 13 STATEMENT by Respondents Juan Baltasar, Pamela Bondi, Robert Guardian, Todd Lyons, Kristi Noem. (Tonkin, Elizabeth) |
Filing 12
ORDER. According to this Court's prior rulings, see, e.g., Mendoza Gutierrez v. Baltazar, et al., 25-cv-02720-RMR, 8 U.S.C. 1225 is not applicable to this set of facts. It is possible Mr. Rivas Solano could be entitled to a bond hearing or immediate release under 8 U.S.C. 1226. However, this Court questions whether or not Petitioner's prior misdemeanor convictions and corresponding sentences disqualify him under 8 U.S.C. 1226(c). Petitioner's brief mention of his prior misdemeanor convictions and corresponding sentences at ECF No. 1, paras. 37 and 44, are insufficient, and Respondents failed to address these facts entirely in their Response. It is, therefore, ORDERED that both parties file their positions as to whether or not Mr. Rivas Solano's prior misdemeanors and sentences disqualify him under 1226 (c) by the close of business, 4/29/2026. SO ORDERED by Judge Regina M. Rodriguez on 4/22/2026. Text Only Entry (rmrja)
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| Filing 11 REPLY to #10 Answer to Complaint, #1 Application for Writ of Habeas Corpus, by Petitioner Luis David Solano Rivas. (Gibbs, Stephanie) |
| Filing 10 ANSWER to Complaint by Juan Baltasar, Pamela Bondi, Robert Guardian, Todd Lyons, Kristi Noem. (Attachments: #1 Exhibit A)(Tonkin, Elizabeth) |
| Filing 9 CERTIFICATE of Mailing/Service re 8 Order on Motion to Amend/Correct/Modify, by Petitioner Luis David Solano Rivas. (Attachments: #1 Exhibit Proofs of Delivery via Certified Mail)(Gibbs, Stephanie) |
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Filing 8
ORDER granting #7 Petitioner's Motion for Leave to Correct Service and File Amended Proof of Service Out of Time. Petitioner shall file his amended certificate of service, on or before Wednesday, March 25, 2026. SO ORDERED by Judge Regina M. Rodriguez on 3/18/2026. Text Only Entry(rmrja)
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| Filing 7 Unopposed MOTION to Amend/Correct/Modify #5 Notice (Other) of Certificate of Service by Petitioner Luis David Solano Rivas. (Attachments: #1 Proposed Order (PDF Only))(Gibbs, Stephanie) |
| Filing 6 NOTICE of Entry of Appearance by Elizabeth Tonkin on behalf of Juan Baltasar, Pamela Bondi, Robert Guardian, Todd Lyons, Kristi NoemAttorney Elizabeth Tonkin added to party Juan Baltasar(pty:res), Attorney Elizabeth Tonkin added to party Pamela Bondi(pty:res), Attorney Elizabeth Tonkin added to party Robert Guardian(pty:res), Attorney Elizabeth Tonkin added to party Todd Lyons(pty:res), Attorney Elizabeth Tonkin added to party Kristi Noem(pty:res) (Tonkin, Elizabeth) |
| Filing 5 NOTICE re 4 Order,,,,,,, by Petitioner Luis David Solano Rivas (Attachments: #1 Exhibit Exhibit 1 - Delivery Confirmation - Solano Rivas)(Gibbs, Stephanie) |
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Filing 4
ORDER. Upon review of the #1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, it is ORDERED that Petitioner shall SERVE Respondents with a copy of the #1 Petition, and all filings on the docket, along with a copy of this Order, by certified mail, on or before 3/13/2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition shall 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)). Petitioner shall file a reply within seven calendar days after Respondents' response is filed. 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). SO ORDERED by Judge Regina M. Rodriguez on 3/9/2026. Text Only Entry (kmyha)
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10868517)Attorney Stephanie E. Gibbs added to party LUIS DAVID SOLANO RIVAS(pty:pet), filed by LUIS DAVID SOLANO RIVAS. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Gibbs, Stephanie) |
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