Solarte Gomez v. Mullin et al
| RONALDBERT JOSE SOLARTE GOMEZ |
| Robert Guadian, Dawn Ceja, Markwayne Mullin, Todd Blanche and Todd M. Lyons |
| 1:2026cv01553 |
| April 13, 2026 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 fd - Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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| Filing 14 FINAL JUDGMENT: #1 Petition for Writ of Habeas Corpus is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. 2412(a)(1). By Clerk on 6/5/26. (jdyne, ) |
Filing 13
MINUTE ORDER: Pursuant to the Court's Order, ECF No. 11, and the representations made in the Status Report, ECF No. 12, the Clerk of Court is directed to enter final judgment and close this case. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. 2412(a)(1). By Judge Charlotte N. Sweeney on 6/5/2026. Text Only Entry (cnsja, )
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| Filing 12 STATUS REPORT by Respondents Todd Blanche, Dawn Ceja, Robert Guadian, Todd M. Lyons, Markwayne Mullin. (Johnson, Michael) |
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Filing 11
MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response to it. See ECF Nos. #1 , #10 . As Respondents acknowledge, see ECF No. 10 at 2, the issue that this case presents "is not materially different from an issue [the] Court has resolved in a prior ruling in another case," id. (citing Hernandez v. Baltazar, et al., 1:25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here," given "the facts of this case are not materially distinguishable" from that and other cases in which the Court addressed 8 U.S.C. 1225's applicability, ECF No. 10 at 4. In light of these representations and the Court's prior analyses of this issue, see generally Singh v. Baltazar, 2026 WL 352870, the Court GRANTS Petitioner's petition, ECF No. 1. It is FURTHER ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 24 hours of this Order, and may not impose any additional conditions of release or supervision beyond those he was subject to immediately prior to his recent detention. Respondents SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondents argue immediate release is an inappropriate remedy, their arguments fail to persuade. Compare ECF No. 10 at 5, with Singh, 2026 WL 352870, at *6; Diallo v. Baltazar, No. 1:25-CV-3548-SKC, 2026 WL 237296, at *3 (D. Colo. Jan. 29, 2026); and Rivero v. Mina, No. 6:26-CV-66-RBD-NWH, 2026 WL 199319, at *4 (M.D. Fla. Jan. 26, 2026). By Judge Charlotte N. Sweeney on 4/23/2026. Text Only Entry (cnsja, )
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| Filing 10 ANSWER to Complaint by Todd Blanche, Dawn Ceja, Robert Guadian, Todd M. Lyons, Markwayne Mullin. (Attachments: #1 Exhibit A)(Johnson, Michael) |
| Filing 9 NOTICE of Entry of Appearance by Michael Conrad Johnson on behalf of Todd Blanche, Dawn Ceja, Robert Guadian, Todd M. Lyons, Markwayne MullinAttorney Michael Conrad Johnson added to party Todd Blanche(pty:res), Attorney Michael Conrad Johnson added to party Dawn Ceja(pty:res), Attorney Michael Conrad Johnson added to party Robert Guadian(pty:res), Attorney Michael Conrad Johnson added to party Todd M. Lyons(pty:res), Attorney Michael Conrad Johnson added to party Markwayne Mullin(pty:res) (Johnson, Michael) |
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Filing 8
ORDER denying #2 Motion for Order to Show Cause RE: Petition for Writ of Habeas Corpus, Doc 1 See ECF No. 6 . By Judge Charlotte N. Sweeney on 4/14/2026. Text Only Entry(cnsja, )
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| Filing 7 CERTIFICATE of Mailing/Service re #3 Certificate of Mailing/Service, #2 MOTION for Order to Show Cause RE: Petition for Writ of Habeas Corpus, Doc 1, #1 Application for Writ of Habeas Corpus, 6 Minute Order,,,,,,,, by Petitioner Ronaldbert Jose Solarte Gomez. (Angeles, Luis) |
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Filing 6
MINUTE ORDER: Before the Court is Petitioner Ronaldbert Jose Solarte Gomez's Petition for Writ of Habeas Corpus, ECF No. #1 , and Application for Issuance of Order to Show Cause and Citation, ECF No. #2 . In the Petition, Petitioner requests that the Court "order [his] immediate release from ICE custody." ECF No. 1 at 32. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and Application and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and motion 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)). Further, 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 Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). Given the Court's Order, Petitioner's Application, ECF No. 2, is DENIED AS MOOT. By Judge Charlotte N. Sweeney on 4/14/2026. Text Only Entry (cnsja, )
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) |
| Filing 4 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (agarc, ) |
| Filing 3 CERTIFICATE of Mailing/Service re #2 MOTION for Order to Show Cause RE: Petition for Writ of Habeas Corpus, Doc 1, #1 Application for Writ of Habeas Corpus, via Email and MAIL to United States Attorney by Petitioner RONALDBERT JOSE SOLARTE GOMEZ. (Angeles, Luis) |
| Filing 2 MOTION for Order to Show Cause RE: Petition for Writ of Habeas Corpus, Doc 1 by Petitioner RONALDBERT JOSE SOLARTE GOMEZ. (Attachments: #1 Proposed Order (PDF Only))(Angeles, Luis) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 RELIEF ON CONSTITUTIONAL AND OTHER GROUNDS (Filing fee $ 5, Receipt Number ACODC-10943979)Attorney Luis Angeles added to party RONALDBERT JOSE SOLARTE GOMEZ(pty:pet), filed by RONALDBERT JOSE SOLARTE GOMEZ. (Attachments: #1 Exhibit EXHIBIT A - F, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Angeles, Luis) |
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