Fortuny Rogena v. Walker et al
| Francis Richard Fortuny Rogena |
| Kelei Walker, Sec. of Homeland Sec Markwayne Mullin, Atty General Todd Blanche and Warden of ACDF Dawn Ceja |
| 1:2026cv01826 |
| April 29, 2026 |
| U.S. District Court for the District of Colorado |
| Scott T Varholak |
| Habeas Corpus - Alien Detainee |
| 25 U.S.C. § 1303 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on June 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 26 STATUS REPORT by Respondents Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei Walker. (Prochazka, Julia) |
| Filing 25 DISREGARD FILED IN THIS ACTION IN ERROR. FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (agarc, ) Modified on 6/23/2026 to note disregard filed in error (agarc, ). |
| Filing 24 DISREGARD FILED IN THIS ACTION IN ERROR. ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agarc, ) Modified on 6/23/2026 to disregard filed in error (agarc, ). |
Filing 23
MINUTE ORDER This matter is before the Court following the 6/16/2026 hearing. The Court hereby AMENDS the #12 Order in the following respect: Respondents shall provide Petitioner with a bond hearing in which the Government bears the burden of proof by clear and convincing evidence under 8 U.S.C. 1226(a) within SEVEN DAYS of the date of this amended Order. Respondents shall again file a status report within TEN DAYS of this amended Order to certify compliance. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/16/2026. Text Only Entry (stvlc7, )
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| Filing 22 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 6/16/2026: granting in part #14 Motion to Enforce. FTR: A402. (schap, ) |
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Filing 21
ORDER granting #20 Motion to Continue, Advance or Waive Motion Hearing. Telephonic appearance shall be permitted at the 6/16/2026 hearing. All parties that wish to participate in the hearing by telephone may do so by calling 571-353-2301 at the scheduled time and using Meeting ID: 252821415#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/8/2026. Text Only Entry(stvlc7, )
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| Filing 20 MOTION to Continue by Petitioner Francis Richard Fortuny Rogena. (Faber, Ciara) |
| Filing 19 REPLY to Response to #14 MOTION to Enforce filed by Petitioner Francis Richard Fortuny Rogena. (Faber, Ciara) |
| Filing 18 RESPONSE to #14 MOTION to Enforce filed by Respondents Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei Walker. (Prochazka, Julia) |
| Filing 17 BRIEF in Support of #14 MOTION to Enforce filed by Petitioner Francis Richard Fortuny Rogena. (Faber, Ciara) |
| Filing 16 STATUS REPORT by Respondents Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei Walker. (Prochazka, Julia) |
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Filing 15
MINUTE ORDER This matter is before the Court on #14 Motion to Enforce Writ of Habeas Corpus. The Court sets this matter for expedited briefing: Respondents shall Respond on or before 6/2/2026 and Petitioner may reply on or before 6/9/2026. A Motion Hearing is set for 6/16/2026 at 2:00 PM in Courtroom A402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/19/2026. Text Only Entry (stvlc7, )
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| Filing 14 MOTION to Enforce by Petitioner Francis Richard Fortuny Rogena. (Faber, Ciara) |
| Filing 13 FINAL JUDGMENT in favor of Francis Richard Fortuny Rogena against Dawn Ceja, Kelei Walker, Markwayne Mullin, Todd Blanche pursuant to the #12 Order. Entered by Clerk on 5/13/2026. (hguer) |
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Filing 12
ORDER: granting in part Petitioner's #1 Application for Writ of Habeas Corpus; directing Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. 1226(a) within 7 days; directing Respondents to file a status report within 10 days as more fully set forth herein; directing that 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, or the bond hearing ordered herein has been conducted. Entered by Magistrate Judge Scott T. Varholak on 5/13/2026. (hguer)
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| Filing 11 REPLY TO RESPONDENTS RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AMD COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by Petitioner Francis Richard Fortuny Rogena. (Faber, Ciara) |
| Filing 10 RESPONSE to 4 Order,,,,,,, Order to Show Cause by Respondents Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei Walker. (Attachments: #1 Exhibit A - Mendoza Gutierrez US Response Brief, ECF No. 26)(Prochazka, Julia) |
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Filing 9
MINUTE ORDER This matter is before the Court sua sponte. Defendants' deadline to respond to the 4 Order to Show Cause is extended to 5/15/2026. SO OREDERED, by Magistrate Judge Scott T. Varholak on 5/11/2026. Text Only Entry (stvlc7, )
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Filing 8
ORDER OF REFERENCE PURSUANT TO 28 U.S.C. 636(c). 1. The above action is referred for disposition to Magistrate Judge Scott T. Varholak, pursuant to 28 U.S.C. 636(c); 2. The above action will be reassigned to Magistrate Judge Scott T. Varholak; and 3. Upon such reassignment, the above case number will be amended to reflect the magistrate judge to whom the case is reassigned. SO ORDERED by Judge Regina M. Rodriguez on 5/8/2026. (ccuen, )
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| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Respondents Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei Walker All parties consent.. (Prochazka, Julia) |
| Filing 6 NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Todd Blanche, Dawn Ceja, Markwayne Mullin, Kelei WalkerAttorney Julia M. Prochazka added to party Todd Blanche(pty:res), Attorney Julia M. Prochazka added to party Dawn Ceja(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party Kelei Walker(pty:res) (Prochazka, Julia) |
| Filing 5 SUMMONS Returned Executed by Francis Richard Fortuny Rogena. Todd Blanche served on 5/1/2026, answer due 5/22/2026; Dawn Ceja served on 5/1/2026, answer due 5/22/2026; Markwayne Mullin served on 5/1/2026, answer due 5/22/2026; Kelei Walker served on 5/1/2026, answer due 5/22/2026. (Faber, Ciara) |
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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 accompanying documents, and #3 Magistrate Judge Consent Form, along with a copy of this Order, by email and/or certified mail, on or before May 6, 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 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 4/30/2026. Text Only Entry (rmrja)
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (angar, ) Modified on 4/30/2026 to correct filing date (angar, ). |
| Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (angar, ) Modified on 4/30/2026 to correct filing date (angar, ). |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10981071)Attorney Ciara F. Faber added to party Francis Richard Fortuny Rogena(pty:pet), filed by Francis Richard Fortuny Rogena.(Faber, Ciara) |
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