Active
Case Information
Filed: March 11, 2026
Assigned to:
William Joseph Martinez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
August 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 12, 2026
Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (dhern, ) (Entered: 03/12/2026)
#2
Mar 12, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 Attorney Lana Cucchiella added to party Amalio Ariel Landestoy Hernandez(pty:pet), filed by Amalio Ariel Landestoy Hernandez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Cucchiella, Lana) (Entered: 03/12/2026)
Main Document:
APPLICATION
#3
Mar 12, 2026
Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (eguth, ) (Entered: 03/12/2026)
#4
Mar 12, 2026
Filing fee: $ 5, receipt number 117340 (eguth, ) (Entered: 03/12/2026)
Main Document:
Filing
#5
Mar 12, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 2 Application for Writ of Habeas Corpus, filed by attorney Lana Cucchiella. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) (Entered: 03/12/2026)
#6
Mar 12, 2026
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) (Entered: 03/12/2026)
#7
Mar 12, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 03/12/2026)
Main Document:
Magistrate
#8
Mar 12, 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 3/12/2026. Text Only Entry (wjmja, ) (Entered: 03/12/2026)
Mar 12, 2026
Order
#9
Mar 13, 2026
Order to Show Cause
Main Document:
Order to Show Cause
#10
Mar 13, 2026
NOTICE re 9 Order to Show Cause by Petitioner Amalio Ariel Landestoy Hernandez (Attachments: # 1 Exhibit A)(Cucchiella, Lana) (Entered: 03/13/2026)
Main Document:
NOTICE
Mar 13, 2026
Order to Show Cause
#11
Mar 19, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Kristi NoemAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Pamela Bondi(pty:res), Attorney Elizabeth Erin Puskar added to party Robert Hagan(pty:res), Attorney Elizabeth Erin Puskar added to party Todd M. Lyons(pty:res), Attorney Elizabeth Erin Puskar added to party Kristi Noem(pty:res) (Puskar, Elizabeth) (Entered: 03/19/2026)
Main Document:
NOTICE
#12
Mar 19, 2026
ANSWER to Complaint by Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit Exh. 1, # 2 Exhibit Exh. 2, # 3 Exhibit Exh. 3)(Puskar, Elizabeth) (Entered: 03/19/2026)
Main Document:
ANSWER
#13
Mar 20, 2026
REPLY to 12 Answer to Complaint by Petitioner Amalio Ariel Landestoy Hernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cucchiella, Lana) (Entered: 03/20/2026)
Main Document:
REPLY
#15
Apr 03, 2026
Joint STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Puskar, Elizabeth) (Entered: 04/03/2026)
Main Document:
Joint
#16
Apr 07, 2026
ORDER. This matter is before the Court on the parties’ April 3, 2026 Joint Status Report 15 . In light of the parties’ representations therein, it is ORDERED that the parties shall file a further Joint Status Report no later than one court date after the Board of Immigration Appeals issues a decision on the timeliness of the Department of Homeland Security’s appeal of the Immigration Judge’s order terminating removal proceedings against Petitioner. SO ORDERED by Judge William J. Martinez on 04/07/2026. Text Only Entry (wjmlc5, ) (Entered: 04/07/2026)
Apr 07, 2026
Order
#17
May 27, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
#18
May 27, 2026
ORDER denying 17 Petitioner's Motion to Withdraw as Counsel ("Motion"). Petitioner's Motion is DENIED without prejudice for failure to comply with the local rules of this District. This District's local rule D.C.COLO.LAttyR 5(b) imposes a duty to for counsel to serve the client a copy of the motion to withdraw. Furthermore, counsel shall provide notice to the client which shall include the warning that the client is personally responsible for complying with all court orders and time limitations established by applicable statutes and rules. SO ORDERED by Judge William J. Martinez on 5/27/2026. Text Only Entry(wjmja, ) (Entered: 05/27/2026)
May 27, 2026
Order on Motion to Withdraw as Attorney
#19
May 28, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
#20
May 28, 2026
ORDER granting the Motion to Withdraw as Counsel for Petitioner ("Motion") 19 . The Motion is GRANTED for good cause shown. Lana Cucchiella is hereby granted leave to withdraw from this case, as Plaintiff will continue in this matter pro se. The Clerk shall terminate all further CM/ECF notifications to Ms. Cucchiella in this case. SO ORDERED by Judge William J. Martinez on 5/28/2026. Text Only Entry(wjmja, ) (Entered: 05/28/2026)
May 28, 2026
Order on Motion to Withdraw as Attorney
#21
Jun 11, 2026
AMENDED PETITION for Writ of Habeas Corpus 28 U.S.C. 2241, filed by Amalio Ariel Landestoy Hernandez.(jrobe, ) (Entered: 06/11/2026)
Main Document:
AMENDED
#22
Jun 12, 2026
ORDER: The matter is before the Court on the Petitioner's Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 ("Amended Petition") 21 . The Respondents are ORDERED to respond to the Amended Petition by no later than June 22, 2026. The Petitioner shall file a reply to same by no later than June 30, 2026. SO ORDERED by Judge William J. Martinez on 6/12/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (wjmja, ) (Entered: 06/12/2026)
Jun 12, 2026
Order
#23
Jun 22, 2026
STATUS REPORT by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Puskar, Elizabeth) (Entered: 06/22/2026)
Main Document:
STATUS
#24
Jun 22, 2026
Extension of Time
Main Document:
Extension of Time
#25
Jun 23, 2026
ORDER denying Respondents' Motion for Extension of Time to Respond to Amended Petition for Writ of Habeas Corpus and Order ("Motion") 24 . Respondents' Motion is DENIED without prejudice to refiling given Respondents' counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 6/23/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(wjmja, ) (Entered: 06/23/2026)
Jun 23, 2026
Order on Motion for Extension of Time to File
#26
Jun 24, 2026
Extension of Time
Main Document:
Extension of Time
#27
Jun 24, 2026
ORDER granting 26 Respondents' Amended Motion for Extension of Time to Respond to Amended Petition for Writ of Habeas Corpus ("Motion"). The Respondents' Motion is granted for good cause shown. Respondents are granted leave to file their Response to the Amended Petition on or before July 1, 2026. Petitioner is granted leave to file a Reply on or before July 10, 2026. In addition, the Court notes Respondents' intent to address "the legal implications of the May 21, 2026 NTA and the associated removal proceedings, given the ongoing litigation regarding the immigration judge's January 17, 2026 order." 26 at 4. To the extent they do not already plan to do so as part of this discussion, Respondents are further DIRECTED to append a copy of the Board of Immigration Appeals' June 18, 2026 decision referenced in the Motion to their forthcoming Response and address the legal implications of that decision, if any, on Petitioner's requested relief. SO ORDERED by Judge William J. Martinez on 6/24/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(wjmja, ) (Entered: 06/24/2026)
Jun 24, 2026
Order on Motion for Extension of Time to File
#28
Jul 01, 2026
RESPONSE to 27 Order on Motion for Extension of Time to File,,,,, by Respondents Juan Baltazar, Pamela Bondi, Robert Hagan, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit Exh. A, # 2 Exhibit Exh. B, # 3 Exhibit Exh. C)(Puskar, Elizabeth) (Entered: 07/01/2026)
Main Document:
RESPONSE
#29
Jul 01, 2026
Extension of Time
Main Document:
Extension of Time
#30
Jul 02, 2026
ORDER granting 29 Respondents' Response to Order and Motion for Extension of Time to Respond to Amended Petition for Writ of Habeas Corpus ("Motion"). The Motion is granted for good cause shown. Respondents are granted leave to file their Response to the Amended Petition on or before July 8, 2026. Petitioner is granted leave to file a Reply in support of his Amended Petition on or before July 17, 2026. NO FURTHER EXTENSION OF THIS FILING DEADLINE WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 7/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(wjmja, ) (Entered: 07/02/2026)
#31
Jul 02, 2026
ORDER: This matter is before the Court sua sponte. The Court finds that all factors set forth in Local Attorney Rule 15(f)(1)(B) have been met for appointment of a member of the Court's Civil Pro Bono Panel to represent Petitioner Amalio Ariel Landestoy Hernandez in this action. Accordingly, Attorney James D. Jenkins is appointed under Rule 15(f)(1)(B) to represent the Petitioner in this action through to the entry of final judgment. SO ORDERED by Judge William J. Martinez on 7/2/2026. Text Only Entry (wjmja, ) (Entered: 07/02/2026)
#32
Jul 02, 2026
NOTICE of Entry of Appearance by James D. Jenkins on behalf of Amalio Ariel Landestoy Hernandez (Jenkins, James) (Entered: 07/02/2026)
Main Document:
NOTICE
#33
Jul 02, 2026
Notice of Pro Bono Appointment. Attorney James D. Jenkins of James D. Jenkins, Attorney at Law has been selected as counsel to represent Petitioner, in accordance with the Court's Order of July 2, 2026 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Appointed counsel entered their appearance on July 2, 2026. This Notice serves to formally recognize the appearance of appointed counsel as an official Civil Pro Bono Panel appointment, effective the date of this Notice. (adubo) (Entered: 07/02/2026)
Main Document:
Notice
Jul 02, 2026
Order
Jul 02, 2026
Order on Motion for Extension of Time to File
#34
Jul 07, 2026
Leave
Main Document:
Leave
#35
Jul 07, 2026
ORDER: This matter is before the Court on Petitioner's Unopposed Motion for Leave to File Second Amended Petition ("Motion") 34 . Petitioner's Motion and Second Amended Petition are STRICKEN for failure to comply with D.C.Colo.L.Civ.R. 15.1(a) and WJM Revised Practice Standard III.E. Petitioner is DIRECTED to re-file his Motion and attached Second Amended Petition in compliance with the Local Rules and this Court's Revised Practice Standards by no later than tomorrow, July 8, 2026. Respondents are granted leave to file their Response to the Second Amended Petition on or before July 15, 2026. Petitioner is granted leave to file a Reply in support of his Second Amended Petition on or before July 22, 2026. SO ORDERED by Judge William J. Martinez on 7/7/2026. Text Only Entry(wjmja, ) (Entered: 07/07/2026)
#36
Jul 07, 2026
Leave
Main Document:
Leave
#37
Jul 07, 2026
ORDER granting 36 Petitioner's Unopposed Motion for Leave to File Second Amended Petition ("Motion"). Petitioner's Motion is GRANTED for good cause shown. The Clerk of Court is directed to file the clean copy of the Second Amended Petition as a separate entry on the docket. SO ORDERED by Judge William J. Martinez on 7/7/2026. Text Only Entry(wjmja, ) (Entered: 07/07/2026)
Jul 07, 2026
Order on Motion for Leave
#38
Jul 08, 2026
SECOND AMENDED PETITION for Writ of Habeas Corpus 28 U.S.C. 2241, filed by Amalio Ariel Landestoy Hernandez.(jrobe, ) (Entered: 07/08/2026)
Main Document:
SECOND
#39
Jul 15, 2026
NOTICE of Entry of Appearance by Leslie Carol Schulze on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Leslie Carol Schulze added to party Juan Baltazar(pty:res), Attorney Leslie Carol Schulze added to party Todd Blanche(pty:res), Attorney Leslie Carol Schulze added to party Markwayne Mullin(pty:res), Attorney Leslie Carol Schulze added to party George Valdez(pty:res), Attorney Leslie Carol Schulze added to party David J. Venturella(pty:res) (Schulze, Leslie) (Entered: 07/15/2026)
Main Document:
NOTICE
#40
Jul 15, 2026
RESPONSE to 35 Order on Motion for Leave,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Schulze, Leslie) (Entered: 07/15/2026)
Main Document:
RESPONSE
#41
Jul 16, 2026
REPLY to 40 Response, 38 Amended Application for Writ of Habeas Corpus by Petitioner Amalio Ariel Landestoy Hernandez. (Jenkins, James) (Entered: 07/16/2026)
Main Document:
REPLY
#42
Jul 21, 2026
Order
Main Document:
Order
#43
Aug 04, 2026
Judgment - Clerk
Main Document:
Judgment - Clerk
#44
Aug 04, 2026
Attorney Fees
Main Document:
Attorney Fees
#45
Aug 05, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
Aug 05, 2026
Order on Motion to Withdraw as Attorney
Parties
Homeland Security Department
Party
Landestoy Hernandez
Party