District of Colorado • 1:26-cv-03525

Francisco v. Baltazar

Completed

Case Information

Filed: August 04, 2026
Assigned to: Daniel Desmond Domenico
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: September 04, 2026
Last Activity: September 04, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 04, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11186559)Attorney Lachezar Vanchev added to party Cruz Miguel Francisco(pty:pet), filed by Cruz Miguel Francisco. (Attachments: # 1 Appendix)(Vanchev, Lachezar) (Entered: 08/04/2026)
Main Document: APPLICATION
#2
Aug 04, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Lachezar Vanchev. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) (Entered: 08/04/2026)
#3
Aug 04, 2026
Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (eguth, ) (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. (eguth, ) (Entered: 08/04/2026)
Main Document: Magistrate
#5
Aug 05, 2026
ORDER the Court ORDERS Petitioner to, no later than August 10, 2026, (1) 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, and (2) promptly file proof of suchservice on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within three 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.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 theTenth Circuit vacates this Order. It is further ORDERED that within three calendar days of service, the parties shallcomplete and file the Consent/Non-Consent Form (ECF No. 4 ) indicating either the unanimous consent of the parties or that consent has been declined. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 08/05/2026. (jrobe, ) (Entered: 08/05/2026)
Main Document: Order
#6
Aug 07, 2026
NOTICE re 1 Application for Writ of Habeas Corpus, Civil Coversheet by Petitioner Cruz Miguel Francisco (Vanchev, Lachezar) (Entered: 08/07/2026)
Main Document: NOTICE
#7
Aug 10, 2026
CERTIFICATE of Mailing/Service PETITIONER'S NOTICE OF FILING PROOF OF SERVICE by Petitioner Cruz Miguel Francisco. (Vanchev, Lachezar) (Entered: 08/10/2026)
Main Document: CERTIFICATE
#8
Aug 13, 2026
RESPONSE to 5 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Alicia Megan Walker added to party Juan Baltazar(pty:res), Attorney Alicia Megan Walker added to party Todd Blanche(pty:res), Attorney Alicia Megan Walker added to party Markwayne Mullin(pty:res), Attorney Alicia Megan Walker added to party George Valdez(pty:res), Attorney Alicia Megan Walker added to party David Venturella(pty:res). (Walker, Alicia) (Entered: 08/13/2026)
Main Document: RESPONSE
#9
Aug 13, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella All parties do not consent.. (Walker, Alicia) (Entered: 08/13/2026)
Main Document: CONSENT
#10
Aug 18, 2026
CASE REASSIGNED Pursuant to 9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Chief Judge Daniel D. Domenico. All future pleadings should be designated as 26-cv-03525-DDD. (Text Only Entry) (jrobe, ) (Entered: 08/18/2026)
#11
Aug 18, 2026
ORDER GRANTING 1 Petition for Writ of Habeas Corpus.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention or a bond hearing before an immigration judge. The respondents state that they "are not submitting a brief in opposition to the Petition," and they "recognize that the Court may then decide to grant the Petition and award appropriate relief." Doc. 8 at 1-2.It is therefore ORDERED that: 5 Order to Show Cause is MADE ABSOLUTE, and 1 Petition for Writ of Habeas Corpus is GRANTED; andWithin one week of this Order, the respondents must provide the petitioner with a bond hearing before an immigration judge or else release the petitioner.The respondents must provide the petitioner's counsel no less than three business days' notice in advance of any bond hearing.At any bond hearing, the Government must bear the burden of proving that the petitioner is a flight risk by a preponderance of the evidence or a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 40 (1st Cir. 2021); Kuzmic v. Baltasar, No. 26-cv-00577-CYC, 2026 WL 1291853, at *2, *5 (D. Colo. May 12, 2026); Guevara Gacia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026); Barreno v. Baltasar, No. 025-cv-03017-GPG-TPO, 2025 WL 3190936, at *3 (D. Colo. Nov. 14, 2025); Diaz-Ceja v. McAleenan, No. 19-cv-00824-NYW, 2019 WL 2774211, at *11 to *12 (D. Colo. July 2, 2019); cf. United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003).The respondents must file a status report within three days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Chief Judge Daniel D. Domenico on 08/18/2026. Text Only Entry. (agryan) (Entered: 08/18/2026)
Aug 18, 2026
Order
#12
Aug 27, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Walker, Alicia) (Entered: 08/27/2026)
Main Document: STATUS
#13
Aug 27, 2026
ORDER re: 12 Status Report filed by Respondents. The respondents report that the petitioner has been provided with a bond hearing before an immigration judge. The petitioner may file a response on or before 9/3/2026 explaining any reasons why this case should not be closed. SO ORDERED by Chief Judge Daniel D. Domenico on 8/27/2026. Text Only Entry. (rkeec) (Entered: 08/27/2026)
Aug 27, 2026
Order
#14
Sep 04, 2026
ORDER. The petitioner has not filed any response explaining why this case should not be closed. See 13 Order. Accordingly, the Clerk of Court is DIRECTED to enter final judgment pursuant to 11 Order Granting 1 Petition for Writ of Habeas Corpus. SO ORDERED by Chief Judge Daniel D. Domenico on 9/4/2026. Text Only Entry (msmot, ) (Entered: 09/04/2026)
#15
Sep 04, 2026
FINAL JUDGMENT by Clerk on 9/4/2026 in favor of Cruz Miguel Francisco against David Venturella, George Valdez, Juan Baltazar, Markwayne Mullin, Todd Blanche. (msmot, ) (Entered: 09/04/2026)
Main Document: Judgment - Clerk
Sep 04, 2026
Order