District of Colorado • 1:26-cv-00355

#1

Jan 29, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10789799)Attorney Jessica A. Dawgert added to party Alex Armando Martinez-Orellana(pty:pet), filed by Alex Armando Martinez-Orellana. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Civil Cover Sheet civil cover sheet)(Dawgert, Jessica) (Entered: 01/29/2026)

#2

Jan 29, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 01/29/2026)

#3

Jan 29, 2026

BRIEF in Support of 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 01/29/2026)

#4

Jan 29, 2026

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Susan Prose. Text Only Entry. (eluce, ) (Entered: 01/29/2026)

#5

Jan 29, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eluce, ) (Entered: 01/29/2026)

#6

Jan 29, 2026

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 1/29/2026. Text Only Entry (wjmja, ) (Entered: 01/29/2026)

#7

Jan 29, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE: It is ORDERED that Petitioner shall serve Respondents with a copy of the Petition, the Motion, the Memorandum and all accompanying papers, along with a copy of this Order, by electronic mail on or before February 2, 2026. Petitioner shall forthwith file proof of such service on the docket, and counsel for Respondents shall forthwith thereafter enter their notices of appearance. The Court further ORDERS Respondents to Show Cause why both the Petition and the Motion should not be granted by no later than February 9, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. SO ORDERED by Judge William J. Martinez on 1/29/2026. (wjmja, ) (Entered: 01/29/2026)

#8

Jan 29, 2026

CERTIFICATE of Mailing/Service by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 attachment (proof of service))(Dawgert, Jessica) (Entered: 01/29/2026)

Jan 29, 2026

Order

#9

Feb 03, 2026

NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi NoemAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party Pamela Bondi(pty:res), Attorney Julia M. Prochazka added to party Robert Hagan(pty:res), Attorney Julia M. Prochazka added to party Kristi Noem(pty:res) (Prochazka, Julia) (Entered: 02/03/2026)

#10

Feb 09, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 7 by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Attachments: # 1 Exhibit A - US Brief in Mendoza Gutierrez ECF No. 26)(Prochazka, Julia) (Entered: 02/09/2026)

#11

Feb 10, 2026

MOTION for Judgment by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 02/10/2026)

#12

Feb 10, 2026

Before the Court is Petitioner Alex Armando Martinez-Orellanas Motion for Judgment (Motion). (ECF No. 11.) The Motion is GRANTED IN PART. Petitioner is GRANTED leave to file a Reply to the Governments Response (ECF No. 10) to his Habeas Petition by no later than February 12, 2026. SO ORDERED by Judge William J. Martinez on 2/10/2026. Text Only Entry(wjmlc4, ) (Entered: 02/10/2026)

Feb 10, 2026

Order on Motion for Judgment

#13

Feb 12, 2026

REPLY to 10 Response to Order to Show Cause by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 02/12/2026)

#14

Feb 13, 2026

ORDER GRANTING HABEAS CORPUS PETITION. The Court ORDERS as follows The Court's Order to Show Cause (ECF No. 7) is MADE ABSOLUTE and Martinez-Orellana's Petition (ECF No. 1 ) is GRANTED; The Court GRANTS this relief to Petitioner pursuant to Claims 1, 3, 4, and 5 of his Petition. The Court does not reach the merits of the other claims set forth in the Petition; The Motion is DENIED AS MOOT (ECF No. 2 ); By no later than this Monday, February 16, 2026, the Government shall IMMEDIATELY RELEASE Martinez-Orellana on his own recognizance, along with all his personal belongings; No onerous conditions of release shall be unilaterally imposed by Respondents on Martinez-Orellana, including without limitation mandating that he wear GPS monitoring, submit to mandatory reporting, or have his movements otherwise restricted; Respondents are hereby ENJOINED from removing or transferring, or causing to remove or transfer, Martinez-Orellana from the District of Colorado while his Petition remains pending; Petitioner is GRANTED leave to file a motion seeking attorney's fees by no later than March 2, 2026. The Government shall file a response by no later than March 18, 2026, and Martinez-Orellana shall file a reply by no later than March 25, 2026; and Judgment shall enter in Martinez-Orellana's favor and against the Government on February 27, 2026, UNLESS prior thereto the Court is informed that the Government has failed to fully and timely comply with the terms of this Order. SO ORDERED by Judge William J. Martinez on 2/13/2026. (wjmja, ) (Entered: 02/13/2026)

#15

Feb 16, 2026

STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Prochazka, Julia) (Entered: 02/16/2026)

#16

Feb 26, 2026

Unopposed MOTION for Extension of Time to file application for EAJA fees by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 02/26/2026)

#17

Feb 26, 2026

ORDER granting 16 Petitioner's Unopposed Motion for Extension of Time to Seek Attorneys' Fees ("Motion"). Petitioner's Motion is granted for good cause shown. Petitioner is GRANTED leave to file a motion seeking attorney's fees by no later than March 16, 2026. The Government shall file a response by no later than April 6, 2026, and Petitioner shall file a reply by no later than April 20, 2026. SO ORDERED by Judge William J. Martinez on 2/26/2026. Text Only Entry(wjmja, ) (Entered: 02/26/2026)

Feb 26, 2026

Order on Motion for Extension of Time to File

#18

Feb 27, 2026

FINAL JUDGMENT in favor of Alex Armando Martinez-Orellana against Robert Hagan, Juan Baltazar, Kristi Noem, Pamela Bondi pursuant to the 14 Order Granting Habeas Corpus Petition. Entered by Clerk on 2/27/2026. (hguer) (Entered: 02/27/2026)

#19

Mar 05, 2026

MOTION to Enforce Judgment re 14 Order,,,,,,, Terminate Motions,,,,,, by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Dawgert, Jessica) (Entered: 03/05/2026)

#20

Mar 05, 2026

ORDER: The Court has reviewed the Petitioner's Motion to Enforce Judgment 19, as well as the parties' conferral emails attached to that motion. The Government is DIRECTED to file a Status Report as to whether it has received Martinez Orellana's property records from the National Record Center by no later than March 13, 2026. SO ORDERED by Judge William J. Martinez on 3/5/2026. Text Only Entry (wjmja, ) (Entered: 03/05/2026)

Mar 05, 2026

Order

#21

Mar 13, 2026

STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Attachments: # 1 Exhibit A - Declaration of S. Christner with attachments)(Prochazka, Julia) (Entered: 03/13/2026)

#22

Mar 13, 2026

REPLY to Response to 19 MOTION to Enforce Judgment re 14 Order,,,,,,, Terminate Motions,,,,,, filed by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 03/13/2026)

#23

Mar 13, 2026

ORDER: Before the Court is the Government's Status Report. (ECF No. 21.) Petitioner Martinez Orellana is DIRECTED to file a response to the Status Report by no later than March 17, 2026. The response should clearly indicate whether Martinez Orellana disagrees with any of the factual averments stated in the Status Report and how, if at all, the Status Report affects his stance on the Motion to Enforce Judgment. (ECF No. 19.) SO ORDERED by Judge William J. Martinez on 3/13/2026. Text Only Entry (wjmja, ) (Entered: 03/13/2026)

Mar 13, 2026

Order

#24

Mar 16, 2026

MOTION for Extension of Time to by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 03/16/2026)

#25

Mar 17, 2026

ORDER granting 24 Petitioner's Unopposed Motion for Extension of Time to Seek Attorneys' Fees ("Motion"). Petitioner's Motion is granted for good cause shown. Petitioner is GRANTED leave to file a motion seeking attorney's fees by no later than April 8, 2026. The Government shall file a response by no later than April 29, 2026, and Petitioner shall file a reply by no later than May 13, 2026. SO ORDERED by Judge William J. Martinez on 3/17/2026. Text Only Entry(wjmja, ) (Entered: 03/17/2026)

#26

Mar 17, 2026

REPLY to Response to 19 MOTION to Enforce Judgment re 14 Order,,,,,,, Terminate Motions,,,,,, filed by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Affidavit declaration)(Dawgert, Jessica) (Entered: 03/17/2026)

Mar 17, 2026

Order on Motion for Extension of Time to File

#27

Apr 08, 2026

MOTION for Attorney Fees by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Dawgert, Jessica) (Entered: 04/08/2026)

#28

Apr 28, 2026

NOTICE OF APPEAL as to 14 Order,,,,,,, Terminate Motions,,,,,, by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem (Prochazka, Julia) (Entered: 04/28/2026)

#29

Apr 29, 2026

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 28 Notice of Appeal filed by Kristi Noem, Juan Baltazar, Robert Hagan, Pamela Bondi to the U.S. Court of Appeals. USA or other Federal Agency Appeal Fee Exempt. (Attachments: # 1 Preliminary Record)(jrobe, ) (Entered: 04/29/2026)

#30

Apr 29, 2026

RESPONSE to 27 MOTION for Attorney Fees filed by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Prochazka, Julia) (Entered: 04/29/2026)

#31

May 12, 2026

REPLY to Response to 27 MOTION for Attorney Fees filed by Petitioner Alex Armando Martinez-Orellana. (Attachments: # 1 Exhibit Exhibit)(Dawgert, Jessica) (Entered: 05/12/2026)

#32

May 13, 2026

USCA Order as to 28 Notice of Appeal filed by Kristi Noem, Juan Baltazar, Robert Hagan, Pamela Bondi : (USCA Case No. 26-1155) (This document is not the Mandate) (jrobe, ) (Entered: 05/15/2026)

#33

May 13, 2026

MANDATE of USCA as to 32 USCA Order/Opinion/Judgment, 28 Notice of Appeal filed by Kristi Noem, Juan Baltazar, Robert Hagan, Pamela Bondi : (USCA Case No. 26-1155) (jrobe, ) (Entered: 05/15/2026)

#34

Jun 10, 2026

ORDER: This matter is before the Court on Petitioner's Motion to Enforce ("Motion") 19 . An Evidentiary Hearing on the Motion is hereby SET for June 18, 2026 at 10:30 a.m. in Courtroom A801. The Court will use the following procedure at the Evidentiary Hearing: Counsel will have no more than five minutes each for opening statements. Petitioner and Respondents will put on their evidence, to be followed by Petitioner in the event he has true rebuttal evidence. Counsel for both sides shall have no more than ten minutes each for closing statements. The parties shall familiarize themselves with the undersigned's Revised Practice Standards with regard to evidentiary hearings, and with particular emphasis on WJM Revised Practice Standard V.F.1, which REQUIRES the parties to meet and confer regarding the proposed exhibits and, to the maximum extent possible, stipulate to the authenticity and admissibility thereof. The parties are also encouraged to consult the "Morning-of-Trial Deliverables" portion of the undersigned's Trial Preparation Conference & Pretrial Checklist, available here. Finally, the Court STRONGLY ENCOURAGES the parties to reach a resolution of the Motion prior to the evidentiary hearing, and thereby avoid the time and expense attendant to such a hearing. SO ORDERED by Judge William J. Martinez on 6/10/2026. Text Only Entry (wjmja, ) (Entered: 06/10/2026)

Jun 10, 2026

Order

#35

Jun 12, 2026

Joint MOTION to Vacate 34 Order,,,,,, and Reset Evidentiary Hearing by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Prochazka, Julia) (Entered: 06/12/2026)

#36

Jun 12, 2026

ORDER granting the Parties' Joint Motion to Vacate and Reset Evidentiary Hearing 35 . The Parties' Joint Motion is GRANTED for substantial good cause shown. The Evidentiary Hearing set for June 18, 2026 is hereby VACATED and RESET to June 24, 2026 at 2:00 p.m. in Courtroom A801. SO ORDERED by Judge William J. Martinez on 6/12/2026. Text Only Entry(wjmja, ) (Entered: 06/12/2026)

Jun 12, 2026

Order on Motion to Vacate

#37

Jun 18, 2026

Unopposed MOTION to Vacate 34 Order,,,,,, 36 Order on Motion to Vacate, Evidentiary Hearing by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Attachments: # 1 Exhibit A - Records Request to Laramie County Sheriff's Department, # 2 Exhibit B - Email Response from Laramie County Sheriff's Department)(Prochazka, Julia) (Entered: 06/18/2026)

#38

Jun 22, 2026

ORDER: Before the Court is the Government's Unopposed Motion to Vacate Evidentiary Hearing ("Motion"). (ECF No. 37.) The Motion is GRANTED for good cause shown. The Evidentiary Hearing on Petitioner's Motion to Enforce (ECF No. 19) is hereby VACATED. (ECF No. 34.) The parties are DIRECTED file a Status Report by no later than June 24, 2026 confirming that Martinez-Orellana has been appropriately reimbursed. SO ORDERED Status Report due by 6/24/2026. by Judge William J. Martinez on 6/22/2026. Text Only Entry(wjmja, ) (Entered: 06/22/2026)

#39

Jun 22, 2026

Unopposed MOTION for Leave to Restrict by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Attachments: # 1 Exhibit A - Unopposed Motion to Vacate with redacted exhibits)(Prochazka, Julia) (Entered: 06/22/2026)

Jun 22, 2026

Order on Motion to Vacate

#40

Jun 24, 2026

Joint STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Prochazka, Julia) (Entered: 06/24/2026)

#41

Jun 24, 2026

ORDER: Before the Court is the Parties' Joint Status Report 40 . The parties are DIRECTED file a further Status Report confirming that Martinez-Orellana has been appropriately reimbursed by no later than the date on which Petitioner, or anyone of his attorneys, receives the check mailed by the Laramie County Sheriff's Department, or, Monday, June 29, 2026, whichever date is earlier. SO ORDERED by Judge William J. Martinez on 6/24/2026. Text Only Entry (wjmja, ) (Entered: 06/24/2026)

Jun 24, 2026

Order

#42

Jun 26, 2026

ORDER granting 39 Unopposed Motion by Respondents for Leave to Restrict Access to ECF No. 37 and File Corrected Version with Redactions ("Motion"). Respondents' Motion is GRANTED for good cause shown. The document filed at ECF No. 37 shall remain RESTRICTED at RESTRICTION LEVEL 1 (viewable only by the Case Participants and the Court) until further order of Court. SO ORDERED by Judge William J. Martinez on 6/26/2026. Text Only Entry(wjmja, ) (Entered: 06/26/2026)

Jun 26, 2026

Order on Motion for Leave to Restrict

#43

Jun 29, 2026

Joint STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Kristi Noem. (Prochazka, Julia) (Entered: 06/29/2026)

#44

Jun 29, 2026

ORDER: Before the Court is the Parties' Joint Status Report 43 . The parties are DIRECTED file a further Status Report confirming that Martinez-Orellana has been appropriately reimbursed by no later than the date on which Petitioner, or anyone of his attorneys, receives the check mailed by the Laramie County Sheriff's Department, or, 12:00 noon on July 2, 2026, whichever date is earlier. SO ORDERED by Judge William J. Martinez on 6/29/2026. Text Only Entry (wjmja, ) (Entered: 06/29/2026)

#45

Jun 29, 2026

Joint STATUS REPORT by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 06/29/2026)

#46

Jun 29, 2026

RESPONSE to 37 Unopposed MOTION to Vacate 34 Order,,,,,, 36 Order on Motion to Vacate, Evidentiary Hearing filed by Petitioner Alex Armando Martinez-Orellana. (Dawgert, Jessica) (Entered: 06/29/2026)

Jun 29, 2026

Order

#47

Jun 30, 2026

ORDER: Before the Court is Petitioner Alex Armando Martinez-Orellana's Motion to Enforce Judgment ("Motion"). (ECF No. 19.) Therein, he "reported that Immigration and Customs Enforcement (ICE) only returned 12 of the 950 dollars that he had in his wallet when he was apprehended." (Id. at 1.) As such, Martinez-Orellana seeks an order "requiring ICE to return all of his personal belongings, including the $938 in cash that was not returned." (Id. at 2.) Since Martinez-Orellana filed the Motion, the Government has represented that "the Laramie County Sheriff's Office has confirmed that it is in possession of Petitioner's missing money and intends to reimburse him these funds in due course." (ECF No. 37 at 2.) On June 29, 2026, Martinez-Orellana confirmed that he has been fully reimbursed. (ECF No. 46 at 1.) Given this confirmation, as well as the Court's view that this reimbursement is the sole remedy available to Petitioner pursuant to the Motion, (See ECF No. 19 at 3 (seeking only a single remedy: "an order requiring Respondents to return these funds")), it is DENIED AS MOOT. SO ORDERED by Judge William J. Martinez on 6/30/2026. Text Only Entry(wjmja, ) (Entered: 06/30/2026)

Jun 30, 2026

Order on Motion to Enforce Judgment

#48

Oct 02, 2026

ORDER Granting in Part and Denying in Part Petitioner's Motion for Fees Pursuant to the Equal Access to Justice Act. The Court ORDERS as follows: 1. Petitioner's Motion for Attorney Fee's Pursuant to the Equal Access to Justice Act (ECF No. 27 ) is GRANTED IN PART and DENIED IN PART; 2. Martinez-Orellana is AWARDED attorneys' fees under the EAJA in the total amount of $8,034.24; and 3. The Government is ORDERED to make such payment in full to Martinez-Orellana by no later than November 6, 2026. SO ORDERED by Judge William J. Martinez on 10/2/2026. (echa, ) Modified on 10/2/2026 to correct language (echa, ). (Entered: 10/02/2026)