District of Colorado • 1:26-cv-01120

Olivera-Martinez v. Valdez

Completed

Case Information

Filed: March 18, 2026
Assigned to: Nina Y. Wang
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: May 19, 2026
Last Activity: September 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 18, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10890742)Attorney Jessica A. Dawgert added to party Carlos Olivera-Martinez(pty:pet), filed by Carlos Olivera-Martinez. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet civil cover sheet)(Dawgert, Jessica) (Entered: 03/18/2026)
Main Document: APPLICATION
#2
Mar 18, 2026
Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (dhern, ) (Entered: 03/19/2026)
#3
Mar 19, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dhern, ) (Entered: 03/19/2026)
Main Document: Magistrate
#4
Mar 19, 2026
ORDER. Upon review of the Petition, it is ORDERED that Petitioner shall SERVE Respondents with a copy of the Petition, and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, on or before March 20, 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 RESPOND to the Petition and SHOW CAUSE why the Petition shall not be granted. Any reply shall be filed no later than seven days after the Response. Pursuant to the All Writs Act, 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. By Judge Nina Y. Wang on 3/19/2026. (ggill, ) (Entered: 03/20/2026)
Main Document: Order
#5
Mar 23, 2026
CERTIFICATE of Mailing/Service by Petitioner Carlos Olivera-Martinez. (Attachments: # 1 proof of mailing, # 2 proof of email service)(Dawgert, Jessica) (Entered: 03/23/2026)
Main Document: CERTIFICATE
#6
Mar 25, 2026
NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of Juan Baltazar, Todd M. Lyons, George ValdezAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd M. Lyons(pty:res), Attorney Victor William Scarpato, III added to party George Valdez(pty:res) (Scarpato, Victor) (Entered: 03/25/2026)
Main Document: NOTICE
#7
Mar 30, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Carlos Olivera-Martinez All parties do not consent.. (Dawgert, Jessica) (Entered: 03/30/2026)
Main Document: CONSENT
#8
Mar 30, 2026
RESPONSE to 4 Order,,, to Show Cause by Respondents Juan Baltazar, Todd M. Lyons, George Valdez. (Attachments: # 1 Exhibit 1 - Declaration of Aaron Johnson)(Scarpato, Victor) (Entered: 03/30/2026)
Main Document: RESPONSE
#9
Apr 03, 2026
REPLY to 8 Response by Petitioner Carlos Olivera-Martinez. (Dawgert, Jessica) (Entered: 04/03/2026)
Main Document: REPLY
#10
Apr 16, 2026
SUPPLEMENT/AMENDMENT to 9 Reply by Petitioner Carlos Olivera-Martinez. (Attachments: # 1 Exhibit Letter from Ms. Olivera, # 2 Exhibit Scheduling Email)(Dawgert, Jessica) (Entered: 04/16/2026)
Main Document: SUPPLEMENT/AMENDMENT
#11
Apr 21, 2026
SUPPLEMENT/AMENDMENT to 9 Reply by Petitioner Carlos Olivera-Martinez. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Dawgert, Jessica) (Entered: 04/21/2026)
Main Document: SUPPLEMENT/AMENDMENT
#12
May 15, 2026
MEMORANDUM OPINION AND ORDER. IT IS ORDERED that: (1) The Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 ] is GRANTED in part; (2) Respondents are DIRECTED to immediately release Petitioner subject to the terms of his Order of Supervision; and (3) Respondents SHALL SUBMIT a declaration pursuant to 28 U.S.C. § 1746 within three days of this Order affirming Petitioner's release from custody. By Judge Nina Y. Wang on 5/15/2026. (ggill, ) (Entered: 05/15/2026)
Main Document: Memorandum & Opinion
#13
May 18, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd M. Lyons, George Valdez. (Attachments: # 1 Exhibit 1 - Declaration of Michael Ketels)(Scarpato, Victor) (Entered: 05/18/2026)
Main Document: STATUS
#14
May 18, 2026
MINUTE ORDER: This matter is before the Court on the 13 Status Report. Because the Court has granted Counts Four and Five of the Petition and Petitioner has received the relief to which he is entitled, [Doc. 12 at 8], his remaining claims are DENIED as moot. Accordingly, the Clerk of Court is DIRECTED to enter final judgment and terminate this case. Petitioner is awarded his costs pursuant to D.C.COLO.LCivR 54.1. The Court's Order enjoining Respondents from removing Petitioner from this District, [Doc. 4 ], is VACATED. By Judge Nina Y. Wang on 5/18/2026. Text Only Entry (nywlc10, ) (Entered: 05/18/2026)
May 18, 2026
Minute Order
#15
May 19, 2026
FINAL JUDGMENT in favor of Petitioner and against Respondents pursuant to 14 Minute Order, by Clerk on 5/19/2026. (ebuch) (Entered: 05/19/2026)
Main Document: Judgment
#16
May 29, 2026
NON-STIPULATED Proposed Bill of Costs by Petitioner Carlos Olivera-Martinez. Parties conferred on 5/26/2026. The following category or categories remain under dispute: Fees for service of summons and complaint. Per court procedure, any objection to the Proposed Bill of Costs is due within 14 days (Dawgert, Jessica) (Entered: 05/29/2026)
Main Document: NON-STIPULATED
#17
Jun 12, 2026
OBJECTION to 16 Proposed Bill of Costs, by Respondents Juan Baltazar, Todd M. Lyons, George Valdez. Any reply is due within 14 days. (Scarpato, Victor) (Entered: 06/12/2026)
Main Document: OBJECTION
#18
Jun 23, 2026
REPLY to 17 Objection to Proposed Bill of Costs by Petitioner Carlos Olivera-Martinez. (Dawgert, Jessica) (Entered: 06/23/2026)
Main Document: REPLY
#19
Sep 08, 2026
Costs Taxed by Clerk in the amount of $20.50 against Respondents and in favor of Petitioner. (zcoth) (Entered: 09/08/2026)
Main Document: Costs
#20
Sep 10, 2026
MOTION for Review of 19 Costs Taxed (Attachments: # 1 receipts)(Dawgert, Jessica) (Entered: 09/10/2026)
Main Document: (NEW) Motion for Review of Costs Taxed
#21
Sep 23, 2026
MINUTE ORDER: The 20 Motion to Reconsider or for Court Review of Clerk's Ordered Costs is respectfully DENIED. By Judge Nina Y. Wang on 9/23/2026. Text Only Entry(nywlc10, ) (Entered: 09/23/2026)
Sep 23, 2026
Order on Motion for Review of Costs Taxed

Parties

Olivera-Martinez
Party
Valdez
Party