Case: Mendoza Gutierrez v. Baltazar

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10527127)Attorney Alyssa Christine Reed added to party Nestor Esai Mendoza Gutierrez(pty:pet), filed by Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Civil Cover Sheet)(Reed, Alyssa) (Main Document 1 replaced on 9/29/2025) (dgumb, ). (Attachment 1 replaced on 9/29/2025) (dgumb, ). (Entered: 08/29/2025)

Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (echa, ) (Entered: 08/29/2025)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Main Document 3 replaced on 9/29/2025) (dgumb, ). (Entered: 08/29/2025)

NOTICE of Entry of Appearance by Alyssa Christine Reed on behalf of Nestor Esai Mendoza Gutierrez (Reed, Alyssa) (Main Document 4 replaced on 9/29/2025) (dgumb, ). (Entered: 09/02/2025)

ORDER. In light of Petitioner's 1 First Application for Writ of Habeas Corpus, Respondents are ORDERED to file their Responses two weeks after service of the Application. SO ORDERED by Judge Regina M. Rodriguez on 9/2/2025. Text Only Entry (rmrja) (Entered: 09/02/2025)

AMENDED COMPLAINT by Nestor Esai Mendoza Gutierrez against Juan Baltazar, Pam Bondi, Robert Gaudian, Todd Lyons, Kristi Noem Attorney Timothy R. Macdonald added to party Nestor Esai Mendoza Gutierrez(pty:pet), filed by Nestor Esai Mendoza Gutierrez.(Macdonald, Timothy) (Main Document 6 replaced on 9/29/2025) (dgumb, ). (Entered: 09/02/2025)

NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Nestor Esai Mendoza GutierrezAttorney Conor Timothy Gleason added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Gleason, Conor) (Main Document 7 replaced on 9/29/2025) (dgumb, ). (Entered: 09/02/2025)

NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Nestor Esai Mendoza GutierrezAttorney Hans Christopher Meyer added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Meyer, Hans) (Main Document 8 replaced on 9/29/2025) (dgumb, ). (Entered: 09/02/2025)

Order

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 7 Notice of Entry of Appearance filed by attorney Conor Timothy Gleason. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (tlove, ) (Entered: 09/03/2025)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 8 Notice of Entry of Appearance filed by attorney Hans Christopher Meyer. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (tlove, ) (Entered: 09/03/2025)

SUMMONS REQUEST as to JUAN BALTASAR, ROBERT GUADIAN, KRISTI NOEM, TODD LYONS, PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, SIRCE OWEN, U.S. DEPARTMENT OF HOMELAND SECURITY, AURORA IMMIGRATION COURT, and U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT re 6 Amended Complaint, by Petitioner Nestor Esai Mendoza Gutierrez. (Macdonald, Timothy) (Main Document 11 replaced on 9/29/2025) (dgumb, ). (Entered: 09/03/2025)

NOTICE of Entry of Appearance by Michael King Thomas Tan on behalf of Nestor Esai Mendoza GutierrezAttorney Michael King Thomas Tan added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Tan, Michael) (Main Document 12 replaced on 9/29/2025) (dgumb, ). (Entered: 09/03/2025)

NOTICE of Entry of Appearance by Anand V. Balakrishnan on behalf of Nestor Esai Mendoza GutierrezAttorney Anand V. Balakrishnan added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Balakrishnan, Anand) (Main Document 13 replaced on 9/29/2025) (dgumb, ). (Entered: 09/03/2025)

Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Exhibit Ex. 1 - Maldonado Bautista v. Santacruz, # 2 Exhibit Ex. 2 - Benitez v. Noem, # 3 Exhibit Ex. 3 - Kostak v. Trump, # 4 Exhibit Ex. 4 - Lopez-Campos v. Raycroft, # 5 Exhibit Ex. 5 - ICE Memo, Interim Guidance, # 6 Exhibit Ex. 6 - IJ Bond Decision, # 7 Exhibit Ex. 7 - N. Mendoza Gutierrez Decl., # 8 Exhibit Ex. 8 - Notice to Appear, # 9 Exhibit Ex. 9 - Crane v. Johnson Reply Br., # 10 Exhibit Ex. 10 - Biden v. Texas Oral Arg, # 11 Exhibit Ex. 11 - Reed Decl.)(Macdonald, Timothy) (Main Document 14 replaced on 9/29/2025) (dgumb, ). (Attachment 1 replaced on 9/29/2025) (dgumb, ). (Attachment 2 replaced on 9/29/2025) (dgumb, ). (Attachment 3 replaced on 9/29/2025) (dgumb, ). (Attachment 4 replaced on 9/29/2025) (dgumb, ). (Attachment 5 replaced on 9/29/2025) (dgumb, ). (Attachment 6 replaced on 9/29/2025) (dgumb, ). (Attachment 7 replaced on 9/29/2025) (dgumb, ). (Attachment 8 replaced on 9/29/2025) (dgumb, ). (Attachment 9 replaced on 9/29/2025) (dgumb, ). (Attachment 10 replaced on 9/29/2025) (dgumb, ). (Attachment 11 replaced on 9/29/2025) (dgumb, ). (Entered: 09/03/2025)

1 Exhibit Ex. 1 - Maldonado Bautista v. Santacruz

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2 Exhibit Ex. 2 - Benitez v. Noem

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3 Exhibit Ex. 3 - Kostak v. Trump

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4 Exhibit Ex. 4 - Lopez-Campos v. Raycroft

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5 Exhibit Ex. 5 - ICE Memo, Interim Guidance

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6 Exhibit Ex. 6 - IJ Bond Decision

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7 Exhibit Ex. 7 - N. Mendoza Gutierrez Decl.

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8 Exhibit Ex. 8 - Notice to Appear

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9 Exhibit Ex. 9 - Crane v. Johnson Reply Br.

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10 Exhibit Ex. 10 - Biden v. Texas Oral Arg

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11 Exhibit Ex. 11 - Reed Decl.

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MOTION to Certify Class by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Exhibit Ex. 1 - ICE Memo, # 2 Exhibit Ex. 2 - Gutierrez Decl., # 3 Exhibit Ex. 3 - Hausman Decl., # 4 Exhibit Ex. 4 - Reed Decl., # 5 Exhibit Ex. 5 - Vasquez Decl., # 6 Exhibit Ex. 6 - Herrera Decl., # 7 Exhibit Ex. 7 - Faville Decl., # 8 Exhibit Ex. 8 - Meade Decl., # 9 Exhibit Ex. 9 - Guevara Decl., # 10 Exhibit Ex. 10 - Sherman Decl., # 11 Exhibit Ex. 11 - Macdonald Decl., # 12 Exhibit Ex. 12 - Meyer Decl.)(Macdonald, Timothy) (Main Document 15 replaced on 9/29/2025) (dgumb, ). (Attachment 1 replaced on 9/29/2025) (dgumb, ). (Attachment 2 replaced on 9/29/2025) (dgumb, ). (Attachment 3 replaced on 9/29/2025) (dgumb, ). (Attachment 4 replaced on 9/29/2025) (dgumb, ). (Attachment 5 replaced on 9/29/2025) (dgumb, ). (Attachment 6 replaced on 9/29/2025) (dgumb, ). (Attachment 7 replaced on 9/29/2025) (dgumb, ). (Attachment 8 replaced on 9/29/2025) (dgumb, ). (Attachment 9 replaced on 9/29/2025) (dgumb, ). (Attachment 10 replaced on 9/29/2025) (dgumb, ). (Attachment 11 replaced on 9/29/2025) (dgumb, ). (Attachment 12 replaced on 9/29/2025) (dgumb, ). (Entered: 09/03/2025)

1 Exhibit Ex. 1 - ICE Memo

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2 Exhibit Ex. 2 - Gutierrez Decl.

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3 Exhibit Ex. 3 - Hausman Decl.

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4 Exhibit Ex. 4 - Reed Decl.

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5 Exhibit Ex. 5 - Vasquez Decl.

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6 Exhibit Ex. 6 - Herrera Decl.

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7 Exhibit Ex. 7 - Faville Decl.

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8 Exhibit Ex. 8 - Meade Decl.

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9 Exhibit Ex. 9 - Guevara Decl.

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10 Exhibit Ex. 10 - Sherman Decl.

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11 Exhibit Ex. 11 - Macdonald Decl.

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12 Exhibit Ex. 12 - Meyer Decl.

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NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review, Aurora Immigration Court, Sirce E. Owen, Juan Baltazar, Robert Gaudian, Kristi Noem, Todd Lyons, Pam BondiAttorney Benjamin Henry Gibson added to party U.S. Department of Homeland Security(pty:dft), Attorney Benjamin Henry Gibson added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Benjamin Henry Gibson added to party Executive Office for Immigration Review(pty:dft), Attorney Benjamin Henry Gibson added to party Aurora Immigration Court(pty:dft), Attorney Benjamin Henry Gibson added to party Sirce E. Owen(pty:dft), Attorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Robert Gaudian(pty:res), Attorney Benjamin Henry Gibson added to party Kristi Noem(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Pam Bondi(pty:res) (Gibson, Benjamin) (Main Document 16 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

NOTICE of Entry of Appearance by Brad E. Leneis on behalf of Juan Baltazar, Robert Gaudian, Kristi Noem, U.S. Department of Homeland Security, Todd Lyons, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review, Aurora Immigration Court, Sirce E. Owen, Pam BondiAttorney Brad E. Leneis added to party Juan Baltazar(pty:res), Attorney Brad E. Leneis added to party Robert Gaudian(pty:res), Attorney Brad E. Leneis added to party Kristi Noem(pty:res), Attorney Brad E. Leneis added to party U.S. Department of Homeland Security(pty:dft), Attorney Brad E. Leneis added to party Todd Lyons(pty:res), Attorney Brad E. Leneis added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Brad E. Leneis added to party Executive Office for Immigration Review(pty:dft), Attorney Brad E. Leneis added to party Aurora Immigration Court(pty:dft), Attorney Brad E. Leneis added to party Sirce E. Owen(pty:dft), Attorney Brad E. Leneis added to party Pam Bondi(pty:res) (Leneis, Brad) (Main Document 17 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

NOTICE of Entry of Appearance by Scott Charles Medlock on behalf of Nestor Esai Mendoza GutierrezAttorney Scott Charles Medlock added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Medlock, Scott) (Main Document 18 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

NOTICE of Entry of Appearance by Anna I. Kurtz on behalf of Nestor Esai Mendoza GutierrezAttorney Anna I. Kurtz added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Kurtz, Anna) (Main Document 19 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

NOTICE of Entry of Appearance by Emma K. Mclean-Riggs on behalf of Nestor Esai Mendoza GutierrezAttorney Emma K. Mclean-Riggs added to party Nestor Esai Mendoza Gutierrez(pty:pet) (Mclean-Riggs, Emma) (Main Document 20 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

NOTICE of Errata by Petitioner Nestor Esai Mendoza Gutierrez (Gleason, Conor) (Main Document 21 replaced on 9/29/2025) (dgumb, ). (Entered: 09/04/2025)

ORDER: In light of Petitioner's 14 Emergency Motion and 15 Motion to Certify Class, and pursuant to the Order 5 directing the Respondents to respond to the First Application for Writ of Habeas Corpus, Defendants and Respondents are DIRECTED to include a consolidated Response to the Motions. SO ORDERED by Judge Regina M. Rodriguez on 9/4/2025. Text Only Entry (rmrja) (Entered: 09/04/2025)

Order

NOTICE OF FILING OF AFFIDAVIT OF SERVICE by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Affidavit Affidavit of Service)(Kurtz, Anna) (Main Document 23 replaced on 9/29/2025) (dgumb, ). (Attachment 1 replaced on 9/29/2025) (dgumb, ). (Entered: 09/09/2025)

Unopposed MOTION for Leave to File Excess Pages for the Consolidated Response by Respondents Juan Baltazar, Robert Gaudian, Kristi Noem, Todd Lyons, Pam Bondi, Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review, Aurora Immigration Court, Sirce E. Owen. (Gibson, Benjamin) (Main Document 24 replaced on 9/29/2025) (dgumb, ). (Entered: 09/12/2025)

ORDER granting in part 24 Motion for Leave to File Excess Pages. Respondents are granted leave to file excess pages, not to exceed 30 pages, in their consolidated response to Petitioner's First Application for Writ of Habeas Corpus (ECF No. 1, Motion for a Preliminary Injunction (ECF No. 14 ), and Motion to Certify Class (ECF No. 15 ). SO ORDERED by Judge Regina M. Rodriguez on 9/15/2025. Text Only Entry(rmrja) (Entered: 09/15/2025)

Order on Motion for Leave to File Excess Pages

RESPONSE to 14 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction, 15 MOTION to Certify Class, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Robert Gaudian, Kristi Noem, Todd Lyons, Pam Bondi, Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review, Aurora Immigration Court, Sirce E. Owen. (Attachments: # 1 Appendix Respondents' Appendix)(Gibson, Benjamin) (Main Document 26 replaced on 9/29/2025) (dgumb, ). (Attachment 1 replaced on 9/29/2025) (dgumb, ). (Entered: 09/16/2025)

Unopposed MOTION for Leave to File Excess Pages and Set Reply Date by Petitioner Nestor Esai Mendoza Gutierrez. (Medlock, Scott) Modified to terminate pursuant to ECF (28) Order on 9/19/2025 (ccuen, ). (Main Document 27 replaced on 9/29/2025) (dgumb, ). (Entered: 09/18/2025)

ORDER granting in part 27 Motion for Leave to File Excess Page and Set Reply Date. Plaintiff is granted leave to file excess pages, not to exceed 20 pages, in his consolidated reply. Plaintiff's reply is due on or before 9/26/2025. SO ORDERED by Judge Regina M. Rodriguez on 9/19/2025. Text Only Entry (rmrja) (Entered: 09/19/2025)

Order

REPLY to Response to 14 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction, 15 MOTION to Certify Class filed by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Exhibit Ex 1 Lamidi v FCI Berlin, # 2 Exhibit Ex 2 T Macdonald Email to K Traskos, # 3 Exhibit Ex 3 Decl K Narberes, # 4 Exhibit Ex 4 Rivera Zumba v Bondi, # 5 Exhibit Ex 5 Moya Pineda v Baltasar)(Medlock, Scott) (Entered: 09/26/2025)

NOTICE of Replacement of removed files re 16 Notice of Entry of Appearance, 18 Notice of Entry of Appearance, 3 Magistrate Judge, 12 Notice of Entry of Appearance, 11 Summons Request, 21 Notice (Other), 13 Notice of Entry of Appearance, 20 Notice of Entry of Appearance, 4 Notice of Entry of Appearance, 7 Notice of Entry of Appearance, 24 Unopposed MOTION for Leave to File Excess Pages for the Consolidated Response, 27 Unopposed MOTION for Leave to File Excess Pages and Set Reply Date, 14, 14 -1, 14 -2, 14 -3, 14 -4, 14 -5, 14 -6, 14 -7, 14 -8, 14 -9, 14 -10, and 14 -11 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction, 8 Notice of Entry of Appearance, 6 Amended Complaint, 23 and 23 -1 Notice (Other), 15, 15 -1, 15 -2, 15 -3, 15 -4, 15 -5, 15 -6, 15 -7, 15 -8, 15 -9, 15 -10, 15 -11 and 15 -12 MOTION to Certify Class, 26 and 26 -1 Response, 19 Notice of Entry of Appearance, 17 Notice of Entry of Appearance, 1 and 1 -1 Application for Writ of Habeas Corpus, : the aforelisted documents were stripped and removed from the docket due to an SDS procedure and have now been reuploaded. (dgumb, ) (Entered: 09/29/2025)

NOTICE of Supplemental Authorities re: 29 Reply to Response to Motion, by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Exhibit Exhibit 1)(Medlock, Scott) (Entered: 10/01/2025)

DECLARATION of Service by Kara S. Narberes regarding Reply to Response to Motion, 29 by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Exhibit Exhibit 1 - Delivery Notifications)(Medlock, Scott) (Entered: 10/06/2025)

ORDER granting 14 Emergency Temporary Restraining Order. The Court ORDERS that: (1) Defendants must release Mr. Gutierrez immediately until he receives a bond hearing before an IJ under § 1226(a), at which the Government shall bear the burden of justifying by clear and convincing evidence of dangerousness or flight risk;(2)Respondents are enjoined from removing Mr. Gutierrez and the class he proposes to represent from the United States or transferring them from the District of Colorado during the pendency of this action; and(3)The Court will refrain from ruling on the Motion for Class Certification, ECF No. 15, until the Court can hold a hearing on the matter and have its pending questions answered. A hearing on the matter will be scheduled for November 21, 2025 at 1:00 p.m. in Courtroom A 901 before Judge Regina M. Rodriguez. SEE ATTACHED ORDER. By Judge Regina M. Rodriguez on 10/17/2025. (rmrja) (Entered: 10/17/2025)

Emergency MOTION to Clarify re 33 Order,,, by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltazar, Pam Bondi, Robert Gaudian, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Gibson, Benjamin) (Entered: 10/22/2025)

ORDER granting 34 Motion to Clarify October 17, 2025, Order, ECF No. 33, That Individuals Subject to a Final Order of Removal are Not Class Members Subject to the Order. ORDERED that the Order of October 17, 2025, ECF No. 33, is hereby clarified to provide that individuals who were subject to a final order of removal and detention under 8 U.S.C. § 1231 as of October 17, 2025, are not members of the proposed class and are not subject to the Courts Order of October 17, 2025, ECF No. 33 . The injunction against the removal of Petitioner himself shall remain in effect should he become the subject of a final order of removal during the pendency of this litigation. SEE ATTACHED ORDER by Judge Regina M. Rodriguez on 10/23/2025.(rmrja) (Entered: 10/23/2025)

NOTICE re 33 Order,,, Status of Compliance by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Exhibit Declaration of Emma Mclean-Riggs)(Mclean-Riggs, Emma) (Entered: 10/24/2025)

MOTION for Leave to File Early Summary Judgment Motion by Petitioner Nestor Esai Mendoza Gutierrez. (Medlock, Scott) (Entered: 11/04/2025)

NOTICE of Supplemental Authorities and Supplemental Brief on Class Certification re: 15 MOTION to Certify Class by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Appendix Appendix of Exhibits)(Medlock, Scott) (Entered: 11/07/2025)

ORDER. After communications with counsel, the Hearing on Class Certification originally set for November 21, 2025, is VACATED and RESET for November 20, 2025, at 9:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. SO ORDERED by Judge Regina M. Rodriguez on 11/7/2025. Text Only Entry (rmrja) (Entered: 11/07/2025)

Order

BRIEF (Supplemental) for Class Certification Hearing by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Robert Hagan, Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Appendix Respondent's App'x)(Gibson, Benjamin) (Entered: 11/17/2025)

RESPONSE to 37 MOTION for Leave to File Early Summary Judgment Motion filed by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem. (Gibson, Benjamin) (Entered: 11/18/2025)

REPLY to 40 Brief, on Class Certification by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Appendix Appendix of Exhibits)(Medlock, Scott) (Entered: 11/19/2025)

MINUTE ENTRY for Class Certification Hearing held before Judge Regina M. Rodriguez on 11/20/2025. ORDERED: The Clerk of Court shall change the nature of suit and cause of action to a Declaratory Judgment action on the public docket sheet pursuant to Plaintiff's First Amended Class Action Complaint [ECF No. 6] ORDERED:Plaintiff's Motion for Class Certification [ECF NO. 15] is GRANTED IN PART. The Court will conditionally certify a class for the purposes of declaratory relief. The Court DENIES WITHOUT PREJUDICE Petitioner's request to certify a class for Petitioner's APA claim. A written order will issue. ORDERED: Parties shall file a proposed order consistent with this Court's ruling on or before noon on November 21, 2025. If there are further matters to be addressed, this court will hold telephonic hearing on November 21, 2025 at 1:00 p.m. Parties shall appear by dialing 571-353-2301, Access code: 037962164#. Court Reporter: Kevin Carlin. (kmyha) (Entered: 11/20/2025)

NOTICE (Joint) of Proposed Class Certification Order by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Medlock, Scott) (Entered: 11/21/2025)

NOTICE re 44 Notice (Other) of Proposed Class Certification Order by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem (Attachments: # 1 Proposed Order (PDF Only) Respondent's Proposed Order)(Gibson, Benjamin) (Entered: 11/21/2025)

COURTROOM MINUTES for Telephonic Status Conference held before Judge Regina M. Rodriguez on 11/21/2025. Court Reporter: Kevin Carlin. (kmyha) (Entered: 11/21/2025)

ORDER granting in part 15 Motion to Certify Class. SEE ATTACHED ORDER. By Judge Regina M. Rodriguez on 11/21/2025.(rmrja) (Entered: 11/21/2025)

Filing fee: $ 405, receipt number 116186 (ccuen, ) (Entered: 11/24/2025)

MOTION for Partial Summary Judgment by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Appendix)(Medlock, Scott) (Entered: 11/24/2025)

1 Appendix

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TRANSCRIPT of Class Certification Hearing held on 11/20/2025 before Judge Rodriguez. Pages: 1-53. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (kcarl, ) (Entered: 11/26/2025)

TRANSCRIPT of Telephone Conference held on 11/21/2025 before Judge Rodriguez. Pages: 1-16. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (kcarl, ) (Entered: 11/26/2025)

SUMMONS REQUEST as to Juan Baltasar, Robert Hagan, Kristi Noem, Todd Lyons, Pamela Bondi, Executive Office for Immigration Review, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and Aurora Immigration Court by Petitioner Nestor Esai Mendoza Gutierrez. (Medlock, Scott) (Entered: 11/26/2025)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 52 Summons Request, filed by attorney Scott Charles Medlock. The document is incorrectly formatted. REFILE THE DOCUMENT. Action to take - Summons submitted has incomplete caption and will not be issued. All parties to the action must be listed in the case caption. Please file completed summons for issuance using the event 'Summons Request.' (Text Only Entry) (ccuen, ) (Entered: 12/01/2025)

SUMMONS REQUEST as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review, Aurora Immigration Court, Sirce E. Owen, Robert Hagan, Juan Baltasar, Kristi Noem, Todd Lyons, and Pam Bondi. by Petitioner Nestor Esai Mendoza Gutierrez. (Medlock, Scott) (Entered: 12/01/2025)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons) (ccuen, ) (Entered: 12/04/2025)

SUMMONS REQUEST as to Pamela Bondi by Petitioner Nestor Esai Mendoza Gutierrez. (Medlock, Scott) (Entered: 12/04/2025)

SUMMONS issued by Clerk. (ccuen, ) (Entered: 12/04/2025)

RESPONSE to 49 MOTION for Partial Summary Judgment filed by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Gibson, Benjamin) (Entered: 12/08/2025)

Emergency MOTION to Amend/Correct/Modify Injunction to Permit Transfer of Two Class Members to Another Judicial District for Medical Reasons by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A - Declaration of S. Christner)(Gibson, Benjamin) (Entered: 12/10/2025)

1 Exhibit A - Declaration of S. Christner

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ORDER re 59 Emergency Motion to Modify Injunction to Permit Transfer of Two Class Members to Another Judicial District for Medical Reasons. ORDERED that Petitioner respond to the Emergency Motion by Noon today, 12/11/2025. FURTHER ORDERED that Respondents provide more detailed information under the appropriate level of restriction, such as the ages of the individuals, in general, the medical treatment needed, where they will be transferred to, and if/when they anticipate they will return to the district. Respondents are further ORDERED to provide a proposed Order. SO ORDERED by Judge Regina M. Rodriguez on 12/11/2025. Text Only Entry (rmrja) (Entered: 12/11/2025)

RESTRICTED DOCUMENT - Level 2: by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem.. (Gibson, Benjamin) (Entered: 12/11/2025)

RESPONSE to 60 Order,, by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Gibson, Benjamin) (Entered: 12/11/2025)

RESTRICTED DOCUMENT - Level 1: Response to Defendants' Emergency Motion to Modify Injunction by Petitioner Nestor Esai Mendoza Gutierrez.. (Medlock, Scott) (Entered: 12/11/2025)

ORDER re 59 Emergency Motion to Modify Injunction to Permit Transfer of Two Class Members to Another Judicial District for Medical Reasons. The Parties are ORDERED to meet and confer by close of business today, December 11, 2025, to discuss specifically the questions presented by Plaintiff-Petitioner on pages three and four of 63 Plaintiff-Petitioner's Restricted Response to Defendants' Emergency Motion to Modify Injunction to Permit Transfer of Two Class Members to another Jurisdiction for Medical Reasons and address the request for immediate resolution of Respondents' Motion. To the extent that Respondents are concerned that sharing information might violate their duties under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") or any other applicable privacy law, the Parties shall meet and confer as to whether a Protective Order by the Court would ameliorate Respondents' concerns regarding the Class Members' information, and submit such a proposed Order, if appropriate. The Parties are further ORDERED to file a joint status report by the end of the day today, December 11, 2025, on the status of these issues and the respective positions of the Parties. SO ORDERED by Judge Regina M. Rodriguez on 12/11/2025. Text Only Entry (rmrja) (Entered: 12/11/2025)

Joint STATUS REPORT In Response to Court's December 11, 2025 Order by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Gibson, Benjamin) (Entered: 12/11/2025)

Order

ORDER granting 59 Emergency Motion to Modify Injunction to Permit Transfer of Two Class Members to Another Judicial District for Medical Reasons. SEE ATTACHED ORDER. By Judge Regina M. Rodriguez on 12/12/2025.(rmrja) (Entered: 12/12/2025)

NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Aurora Immigration Court, Juan Baltasar, Pamela Bondi, Executive Office for Immigration Review, Robert Hagan, Todd Lyons, Kristi Noem, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs EnforcementAttorney Timothy Bart Jafek added to party Aurora Immigration Court(pty:dft), Attorney Timothy Bart Jafek added to party Juan Baltasar(pty:res), Attorney Timothy Bart Jafek added to party Pamela Bondi(pty:res), Attorney Timothy Bart Jafek added to party Executive Office for Immigration Review(pty:dft), Attorney Timothy Bart Jafek added to party Robert Hagan(pty:dft), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Kristi Noem(pty:res), Attorney Timothy Bart Jafek added to party Sirce E. Owen(pty:dft), Attorney Timothy Bart Jafek added to party U.S. Department of Homeland Security(pty:dft), Attorney Timothy Bart Jafek added to party U.S. Immigration and Customs Enforcement(pty:dft) (Jafek, Timothy) (Entered: 12/15/2025)

NOTICE OF APPEAL as to 33 Order,,, 47 Order on Motion to Certify Class by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem (Gibson, Benjamin) (Entered: 12/15/2025)

REPLY to Response to 49 MOTION for Partial Summary Judgment filed by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Appendix Supplemental Appendix)(Medlock, Scott) (Entered: 12/15/2025)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 68 Notice of Appeal, filed by U.S. Department of Homeland Security, Juan Baltasar, Sirce E. Owen, Aurora Immigration Court, Todd Lyons, Robert Hagan, Pamela Bondi, Kristi Noem, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review to the U.S. Court of Appeals. (Attachments: # 1 Preliminary Record)(ccuen, ) (Entered: 12/16/2025)

USCA Case Number 25-1460 for 68 Notice of Appeal, filed by U.S. Department of Homeland Security, Juan Baltasar, Sirce E. Owen, Aurora Immigration Court, Todd Lyons, Robert Hagan, Pamela Bondi, Kristi Noem, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review. (ccuen, ) (Entered: 12/16/2025)

Joint MOTION for Protective Order by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Gibson, Benjamin) (Entered: 12/18/2025)

1 Proposed Order (PDF Only) Stipulated Protective Order

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ORDER granting 72 Joint Motion for Protective Order. By Judge Regina M. Rodriguez on 12/18/2025. Text Only Entry(rmrja) (Entered: 12/18/2025)

STIPULATED PROTECTIVE ORDER. Entered by Judge Regina M. Rodriguez on 12/18/2025. (rmrja) (Entered: 12/18/2025)

Order on Motion for Protective Order

NOTICE of Supplemental Authorities by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem (Attachments: # 1 Exhibit 1 - Bautista - Order Granting in Part and Denying in Part Petitioners ex Parte Application for Reconsideration or Clarification, ECF No. 92, # 2 Exhibit 2 - Bautista - Amended Order Consolidating the Courts Order on Motion for Partial Summary Judgment, Class Certification, and Application for Reconsideration or Clarification, ECF No. 93, # 3 Exhibit 3 - Bautista - Final Judgment, ECF No. 94)(Gibson, Benjamin) (Entered: 12/19/2025)

Unopposed MOTION for Leave to Restrict by Petitioner Nestor Esai Mendoza Gutierrez. (Attachments: # 1 Proposed Order (PDF Only))(Medlock, Scott) (Entered: 12/19/2025)

1 Proposed Order (PDF Only)

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SUMMONS Returned Executed upon defendant(s) Aurora Immigration Court served on 12/5/2025, answer due 2/3/2026; Juan Baltasar served on 12/5/2025, answer due 2/3/2026; Pamela Bondi served on 12/15/2025, answer due 2/13/2026; Executive Office for Immigration Review served on 12/11/2025, answer due 2/9/2026; Robert Hagan served on 12/8/2025, answer due 2/6/2026; Todd Lyons served on 12/13/2025, answer due 2/11/2026; Kristi Noem served on 12/15/2025, answer due 2/13/2026; Sirce E. Owen served on 12/11/2025, answer due 2/9/2026; U.S. Department of Homeland Security served on 12/15/2025, answer due 2/13/2026; U.S. Immigration and Customs Enforcement served on 12/13/2025, answer due 2/11/2026. (Attachments: # 1 Affidavit Affidavit of Service)(Medlock, Scott) (Entered: 12/19/2025)

NOTICE of Supplemental Authorities by Petitioner Nestor Esai Mendoza Gutierrez (Attachments: # 1 Exhibit 1 - Guerrero Orellana Memo and Order, # 2 Exhibit 2 - Guerrero Orellana Partial Final Judgment)(Medlock, Scott) (Entered: 12/19/2025)

MOTION for Ruling on 33 Order,,, 47 Order on Motion to Certify Class for Indicative Ruling Under Rule 62.1 to Dissolve the Injunction Enjoining Transfer or Removal by Defendants Aurora Immigration Court, Executive Office for Immigration Review, Robert Hagan, Sirce E. Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Respondents Juan Baltasar, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Appendix Movant's App'x)(Gibson, Benjamin) (Entered: 12/22/2025)

1 Appendix Movant's App'x

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TRANSCRIPT ORDER FORM. Necessary transcript is already on file. re: 68 Notice of Appeal. (ccuen, ) (Entered: 12/31/2025)

LETTER TO USCA and all counsel certifying the record is complete as to 68 Notice of Appeal, filed by U.S. Department of Homeland Security, Juan Baltasar, Sirce E. Owen, Aurora Immigration Court, Todd Lyons, Robert Hagan, Pamela Bondi, Kristi Noem, U.S. Immigration and Customs Enforcement, Executive Office for Immigration Review. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 25-1460) Text Only Entry (ccuen, ) (Entered: 12/31/2025)

ORDER: Before the Court is 79 Motion by Defendants for an Indicative Ruling Under Rule 62.1 to Dissolve the Injunction Enjoining Transfer or Removal Petitioner's Response to Order to Show Cause. It is ORDERED that Petitioner shall respond within fourteen (14) days of this Order with his position. SO ORDERED by Judge Regina M. Rodriguez on 1/5/2026. Text Only Entry (rmrja) (Entered: 01/05/2026)

ORDER granting in part and denying in part 76 Motion for Leave to Restrict. ECF Nos. 61 and 63 were filed under restriction. Pursuant to D.C.COLO.LCivR 7.2(c), the Clerk of the Court shall maintain a Level 2 Rection to ECF No. 61 and a Level 1 Restriction to ECF No. 63 . FURTHER, D.C.COLO.LCivR 7.2(e) says that the parties have 14 days to file a motion to restrict. All of the documents, except ECF No. 59, which was filed on 12/10, were filed on 12/11. This motion was filed 12/19, so it appears they did meet the 14-day deadline.FURTHER, on 12/11, the Court ordered additional information, but told the parties to file it under the appropriate level of restriction. ECF No. 60 . -Apparently, the Government did not feel that the information in ECF No. 62 and 62 -1 needed to be restricted. -ECF No. 65 and 65 -1 is a Joint Status Report and Proposed Order filed by the parties. Apparently, at the time the parties did not feel these documents needed to be restricted. FINALLY, ECF Nos. 59, 62, 62 -1, 65, 65 -1 were already publicly filed on the docket. "Matters already made public will not be sealed after the fact absent extraordinary circumstances." Deschenes Consulting LLC v. Nu Life Mkt. LLC, No. 19-cv-03465-RM-SKC, 2020 WL 2747702, at *4 (D. Colo. May 27, 2020) (quoting Flohrs v. Eli Lilly and Co., No. 12-2439-SAC, 2013 WL 4773515, *2 (D. Kan. Sept. 4, 2013)). Accordingly, the Motion to Restrict is DENIED as to ECF Nos. 59, 62, 62 -1, 65, 65 -1. SO ORDERED by Judge Regina M. Rodriguez on 1/6/2025. Text Only Entry(rmrja) (Entered: 01/05/2026)

Order on Motion for Leave to Restrict

Order