District of Colorado • 1:26-cv-03223

Hernandez Zamora v. Baltazar

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Case Information

Filed: July 17, 2026
Assigned to: Susan Prose
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: October 05, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 17, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11149012)Attorney Skylar Madison Larson added to party Isaias Hernandez Zamora(pty:pet), filed by Isaias Hernandez Zamora. (Attachments: # 1 Civil Cover Sheet)(Larson, Skylar) (Entered: 07/17/2026)
Main Document: APPLICATION
#2
Jul 17, 2026
Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 07/17/2026)
#3
Jul 17, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 07/17/2026)
Main Document: Magistrate
#4
Jul 23, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on July 23, 2026. This matter is before the court on Petitioner Isaias Hernandez Zamora's 1 Petition for Writ of Habeas Corpus. Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before July 28, 2026. Petitioner shall file proof of service. Within seven days of service, Respondents shall SHOW CAUSE why the 1 Petition for Writ of Habeas Corpus should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). In addition, the Supreme Court has recognized that the express authority granted by the All Writs Act, 28 U.S.C. § 1651, empowers lower courts, in limited circumstances, to issue temporary injunctions as may be necessary to protect the status quo or their own jurisdiction. See FTC v. Dean Foods Co., 384 U.S. 597, 603, 608 (1966). "Unless appropriately confined by Congress, a federal court may avail itself of all auxiliary writs as aids in the performance of its duties, when the use of such historic aids is calculated in its sound judgment to achieve the ends of justice entrusted to it." United States v. N.Y. Tel. Co., 434 U.S. 159, 17273 (1977) (quotation omitted). 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 into the jurisdiction of any other federal district court within the United States unless or until this court or the Court of Appeals for the Tenth Circuit vacates this Order. See Vizguerra-Ramirez v. Choate, No. 25-cv-00881-NYW, ECF No. 11 at 45 (D. Colo. Mar. 21, 2025) (collecting cases); Vazquez v. Baltazar, No. 25-cv-03049-GPG-TPO, ECF No. 11 (D. Colo. Oct. 2, 2025); Dean Foods Co., 384 U.S. at 603; Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) no less than seven days from the date of this Order. Text Only Entry. (sbplc11) (Entered: 07/23/2026)
Jul 23, 2026
Order to Show Cause
#5
Jul 27, 2026
AFFIDAVIT/RETURN of Service of ECF Nos. 1 and 4 upon Juan Baltazar, George Valdez, David Venturella, Markwayne Mullin, Todd Blanche, and Kevin Traskos on 07/24/2026, filed by Petitioner Isaias Hernandez Zamora (Larson, Skylar) (Entered: 07/27/2026)
Main Document: AFFIDAVIT/RETURN
#6
Jul 30, 2026
RESPONSE to 4 Order to Show Cause,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res), Attorney Winnie Wu added to party David Venturella(pty:res). (Wu, Winnie) (Entered: 07/30/2026)
Main Document: RESPONSE
#7
Jul 30, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella All parties consent.. (Wu, Winnie) (Entered: 07/30/2026)
Main Document: CONSENT
#8
Jul 31, 2026
ORDER OF REFERENCE. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 7 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 07/31/2026. Text Only Entry. (agryan) (Entered: 07/31/2026)
Jul 31, 2026
Order on Consent to Jurisdiction of Magistrate Judge
#9
Sep 04, 2026
Unopposed MOTION to Expedite by Petitioner Isaias Hernandez Zamora. (Larson, Skylar) (Entered: 09/04/2026)
Main Document: Expedite
#10
Sep 25, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on 09/25/2026. Before the Court is Petitioner's habeas petition, ECF No. 1, and Respondents' Response to it, ECF No. 6 . In the response, Respondents state that they "are not submitting a brief in opposition to the Petition...." ECF No. 6 at 1. In light of the representation in Respondents response, the parties appear to agree that Petitioner is currently detained pursuant to 8 U.S.C. § 1231(a)(6), that Petitioner is subject to a final order of removal, that the ninety-day removal period provided for under 8 U.S.C. § 1231 has since concluded, and that there is no removal date set.Further, in light of Respondents' non-opposition response, it appears there is no dispute that, pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001), despite the ninety-day removal period provided for under 8 U.S.C. § 1231, detention of a noncitizen for up to six months under 8 U.S.C. § 1231 is "presumptively reasonable." Id. at 700-01. And the parties further agree that after six months, if "the [noncitizen] provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the [g]overnment must respond with evidence sufficient to rebut that showing." Id. at 701. If not, the noncitizen must be released. The record here reflects that Petitioner was detained on March 17, 2026, and the court finds that the presumptively reasonable period of detention expired on September 17, 2026. Without any showing from Respondents to indicate that Petitioners removal is imminent, the court finds that Petitioner has provided good reason to believe that there is no significant likelihood he will be removed in the reasonably foreseeable future.Accordingly, the court finds cause to GRANT the 1 Petition and release Petitioner immediately under appropriate conditions of supervision, the appropriate remedy under the circumstances alleged here. See Zadvydas, 533 U.S. at 700. The court therefore ORDERS Respondents to release Petitioner within one day of the date of this order under appropriate conditions of supervision. Respondents are also ordered to file a status report in order to certify compliance within ten days of the issuance of this order. Text Only Entry (sjeff) (Entered: 09/25/2026)
#11
Sep 25, 2026
ORDER by Magistrate Judge Susan Prose on 09/25/2026. In light of this court's order at ECF No. 10, Petitioner's 9 Unopposed Motion to Expedite is GRANTED. Text Only Entry(sjeff) (Entered: 09/25/2026)
Sep 25, 2026
Minute Order
Sep 25, 2026
Order on Motion to Expedite
#12
Oct 05, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Wu, Winnie) (Entered: 10/05/2026)
Main Document: STATUS

Parties

Baltazar
Party
Hernandez Zamora
Party