District of Colorado • 1:26-cv-03487

#1

Jul 31, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 118943), filed by Rafael Victorio Escamilla. (Attachments: # 1 Continuation of Main Document, # 2 Exhibit, # 3 Envelope, # 4 Receipt) (jberr, ) (Entered: 07/31/2026)

#2

Jul 31, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 07/31/2026)

#3

Aug 04, 2026

ORDER DRAWING CASE. It is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-03487-KAS). Entered by Magistrate Judge Richard T. Gurley on 8/4/2026. 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. (echa, ) (Entered: 08/04/2026)

#4

Aug 04, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) (Entered: 08/04/2026)

#5

Aug 04, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that the Clerk of Court is directed to serve the Petition [# 1 ] and a copy of this Minute Order on the Respondents, the United States Attorney's Office for the District of Colorado, and the Attorney General of the United States. IT IS FURTHER ORDERED that Respondent shall show cause within five days from the date of service why the Petition [# 1 ] should not be granted. IT IS FURTHER ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [# 4 ] is the same as Respondents' deadline to file a Response. IT IS FURTHER ORDERED, 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 Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 8/4/2026. 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. (echa, ) (Entered: 08/04/2026)

#6

Aug 04, 2026

CERTIFICATE of Service by Clerk of Court re Service of Process of 1 Application for Writ of Habeas Corpus, 4 Magistrate Judge Consent Form, 5 Order to Show Cause. (Attachments: # 1 Certified Mail Receipts) (echa, ) (Entered: 08/04/2026)

#7

Aug 04, 2026

ACKNOWLEDGEMENT OF RECEIPT by the United States Attorney's Office for the District of Colorado on 8/4/2026. (echa, ) (Entered: 08/05/2026)

#8

Aug 10, 2026

RESPONSE to 5 Order to Show Cause,,,, by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, U.S. Attorney GeneralAttorney Alicia Megan Walker added to party Juan Baltazar(pty:res), Attorney Alicia Megan Walker added to party Department of Homeland Security(pty:res), Attorney Alicia Megan Walker added to party Todd Lyons(pty:res), Attorney Alicia Megan Walker added to party U.S. Attorney General(pty:res). (Walker, Alicia) (Entered: 08/10/2026)

#9

Aug 10, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, U.S. Attorney General All parties do not consent.. (Walker, Alicia) (Entered: 08/10/2026)

#10

Aug 11, 2026

MINUTE ORDER. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [# 9 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non- Consent Form [# 9 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-03487-SKC). Entered by Magistrate Judge Kathryn A. Starnella on 8/11/2026. 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. (echa, ) (Entered: 08/11/2026)

Aug 11, 2026

Order Reassigning Case

#11

Aug 12, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Rafael Victorio Escamilla. Petitioner consents. (echa, ) (Entered: 08/12/2026)

#12

Aug 17, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 8, p.2. Where, as here, "a party files a response to a motion but does not address all arguments which the motion raises, the party has effectively conceded the arguments which it does not address." Alfaro Herrera v. Baltazar, No. 1:25-cv-04014-CNS, 2026 WL 91470, at *5 (D. Colo. Jan. 13, 2026) (quoting Series 17-03-615 v. Teva Pharms. USA, Inc., 785 F. Supp. 3d 904, 935 (D. Kan. 2025)); see also C1.G ex rel C.G. v. Siegfried, 38 F.4th 1270, 1282 (10th Cir. 2022). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful bases for his detention, the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi,, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026). Therefore, Respondents SHALL immediately release Petitioner. Respondents SHALL FILE a status report within TWO DAYS of this Order certifying compliance.IT IS FURTHER ORDERED To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days. SO ORDERED by Judge S. Kato Crews on 8/17/2026.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 (skclc4) (Entered: 08/17/2026)

Aug 17, 2026

Order

#13

Aug 19, 2026

STATUS REPORT by Respondents Juan Baltazar, Department of Homeland Security, Todd Lyons, U.S. Attorney General. (Walker, Alicia) (Entered: 08/19/2026)

#14

Aug 20, 2026

Certified Mail Receipt of Service re 6 Certificate of Service upon United States Attorney General. (eluce, ) (Entered: 08/20/2026)

#15

Aug 20, 2026

Mail Returned as Undeliverable re: 7 Affidavit/Return of Service Addressed to Rafael Victorio Escamilla. (dhern, ) (Entered: 08/21/2026)

#16

Aug 21, 2026

CERTIFIED MAIL RETURN as to Todd Lyons. (echa, ) (Entered: 08/21/2026)

#17

Aug 25, 2026

ORDER re: 13 Status Report filed by Juan Baltazar, Todd Blanche, David Venturella, Department of Homeland Security. In light of Respondents' certification of compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. IT IS FURTHER ORDERED the Court's previous 5 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 8/25/2026.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 (skclc4) (Entered: 08/25/2026)

#18

Aug 25, 2026

FINAL JUDGMENT pursuant to Orders 12 and 17 . Entered by the Clerk of the Court on 8/25/2026. 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. (cpear) (Entered: 08/25/2026)

Aug 25, 2026

Order

#19

Aug 27, 2026

Mail Returned as Undeliverable re: 11 Consent to Jurisdiction of Magistrate Judge Addressed to Rafael Victorio Escamilla. (eguth, ) (Entered: 08/28/2026)

#20

Aug 27, 2026

Certified Mail Receipt of Service upon Department of Homeland Security. (eluce, ) (Entered: 08/28/2026)