District of Colorado • 1:26-cv-01664

#1

Apr 17, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10957552)Attorney Andrew Walker added to party Octavio Rodriguez Espinoza(pty:pet), filed by Octavio Rodriguez Espinoza.(Walker, Andrew) (Entered: 04/17/2026)

#2

Apr 17, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agarc, ) (Entered: 04/21/2026)

#3

Apr 21, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 04/21/2026)

#4

Apr 21, 2026

MINUTE ORDER: Before the Court is Petitioner Octavio Rodriguez Espinoza's Petition for Writ of Habeas Corpus, ECF No. 1 . In the Petition, Petitioner requests that the Court issue a writ of habeas corpus ordering Respondents to release Petitioner "from ICE detention immediately." Id. at 25. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should 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)). Further, 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 Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 4/21/2026. Text Only Entry (cnsja, ) (Entered: 04/21/2026)

Apr 21, 2026

Minute Order

#5

Apr 22, 2026

CERTIFICATE OF SERVICE as to Juan Baltasar served on 4/22/2026, Todd Blanche served on 4/22/2026, Robert Hagan served on 4/22/2026, Todd M. Lyons served on 4/22/2026, and Markwayne Mullin served on 4/22/2026, (Walker, Andrew) Modified on 4/23/2026 edit title. This is proof of service. (sphil, ). (Entered: 04/22/2026)

#6

Apr 28, 2026

NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltasar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne MullinAttorney Elizabeth Erin Puskar added to party Juan Baltasar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(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 Markwayne Mullin(pty:res) (Puskar, Elizabeth) (Entered: 04/28/2026)

#7

Apr 28, 2026

ANSWER to Complaint by Juan Baltasar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Exh. A)(Puskar, Elizabeth) (Entered: 04/28/2026)

#8

Apr 30, 2026

MINUTE ORDER: Before the Court are Petitioner's habeas petition and Respondents' response. See ECF Nos. 1, 7 . As Respondents acknowledge, the "central legal issue presented in this case" "is not materially different from an issue this Court has resolved in a prior ruling in another case." See ECF No. 7 at 2 (citing Nava Hernandez v. Baltazar, No. 25-cv-03094-CNS, 2025 WL 2996643 (D. Colo. Oct. 24, 2025)). Indeed, Respondents acknowledge that the Court's "prior ruling on this issue would lead the Court to reach the same result here" as in Nava Hernandez because "the facts of this case are not materially distinguishable from that case for purposes of the Court's decision on the legal issue of whether Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)." Id. at 4. In light of these representations and the Court's prior analyses regarding the applicability of 8 U.S.C. § 1225 and 8 U.S.C. § 1226, see generally Hernandez v. Baltazar, et al., No. 1:25-cv-03094-CNS, 2025 WL 2996643(D. Colo. Oct. 24, 2025), Singh v. Baltazar, 26-cv-00336-CNS, 2026 WL 352870 (D. Colo. Feb. 9, 2026), the Court GRANTS Petitioner's petition, ECF No. 1 . It is ORDERED that Respondents shall provide Petitioner with a bond hearing pursuant § 1226 within FIVE DAYS of this order, at which the government will bear the burden of demonstrating to an immigration judge (IJ) by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. To the extent Petitioner is granted release on bond by an IJ, Respondents are ENJOINED from unduly delaying Petitioner's payment or processing of bond once it is issued. Respondents SHALL FILE a status report within TWO DAYS of Petitioners § 1226 bond hearing to certify compliance with this Order and inform the Court of the status of Petitioner's request for bond, including whether Petitioner was released from detention and, if so, what conditions were imposed, if any. Finally, Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner at a later date unless they again demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall again bear the burden of proof. Because the Court's ruling affords Petitioner the relief he seeks, the Court need not address Petitioner's remaining arguments at this time. See Loa Caballero v. Baltazar, et al., No. 1:25-cv-3120-NYW, 2025 WL 2977650, at *8 (D. Colo. Oct. 22, 2025) (declining to rule on petitioner's remaining claims after granting petitioner all relief sought under § 1226(a)); Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996, at *3 (D. Mass. Oct. 3, 2025) (declining to address petitioner's due process and APA arguments after finding in petitioner's favor on statutory claim). By Judge Charlotte N. Sweeney on 4/30/26. Text Only Entry (jdyne, ) (Entered: 04/30/2026)

Apr 30, 2026

Minute Order

#9

May 06, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Puskar, Elizabeth) (Entered: 05/06/2026)

#10

Jun 17, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 8, and the representations made in the Status Report, ECF No. 9, the Clerk of Court is directed to enter final judgment and close this case. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. § 2412(a)(1). By Judge Charlotte N. Sweeney on 6/17/2026. Text Only Entry (cnsja, ) (Entered: 06/17/2026)

#11

Jun 17, 2026

FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a) (1). By Clerk on 6/17/26. (jdyne, ) (Entered: 06/17/2026)

Jun 17, 2026

Minute Order

#12

Jul 17, 2026

MOTION for Attorney Fees by Petitioner Octavio Rodriguez Espinoza. (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Petitioner, # 2 Exhibit Exhibit 2 - Declaration of Counsel for Petitioner, # 3 Exhibit Exhibit 3 - Hours and Fees Summary)(Walker, Andrew) (Entered: 07/17/2026)

#13

Aug 07, 2026

RESPONSE to 12 MOTION for Attorney Fees Attorney Timothy Bart Jafek added to party Juan Baltasar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Robert Hagan(pty:res), Attorney Timothy Bart Jafek added to party Todd M. Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res) filed by Respondents Juan Baltasar, Todd Blanche, Robert Hagan, Todd M. Lyons, Markwayne Mullin. (Jafek, Timothy) (Entered: 08/07/2026)

#14

Aug 13, 2026

ORDER granting 12 Motion for Attorney Fees. By Judge Charlotte N. Sweeney on 8/13/26.(jdyne, ) (Entered: 08/13/2026)