District of Colorado • 1:26-cv-03570

#1

Aug 05, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11192516)Attorney Joseph Francis Rosales, III added to party JOSE GARCIA HERRERA(pty:pet), filed by JOSE GARCIA HERRERA. (Attachments: # 1 Exhibit Exhibit List, # 2 Civil Cover Sheet Civil Cover Sheet)(Rosales, Joseph) (Entered: 08/05/2026)

#2

Aug 05, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (alxu, ) (Entered: 08/06/2026)

#3

Aug 06, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alxu, ) (Entered: 08/06/2026)

#4

Aug 06, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Jose Garcia-Herrera, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before August 13, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.Based upon a preliminary review of the Petition, it appears to be well-founded. Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted. 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 Court of Appeals for the Tenth Circuit vacates this Order.SO ORDERED by Judge S. Kato Crews on 8/6/2026. Text Only Entry (skclc4) (Entered: 08/06/2026)

Aug 06, 2026

Order

#5

Aug 10, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Michelle Medrano Sanchez. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (alxu, ) (Entered: 08/10/2026)

#6

Aug 11, 2026

Exhibits in Support Proof of Email and Mail Proof of Certified Mail Service to Respondents Atty by Petitioner Jose Garcia-Herrera. (Rosales, Joseph) (Entered: 08/11/2026)

#7

Aug 24, 2026

RESPONSE to 4 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. VenturellaAttorney Katherine Ann Ross added to party Juan Baltazar(pty:res), Attorney Katherine Ann Ross added to party Todd Blanche(pty:res), Attorney Katherine Ann Ross added to party Markwayne Mullin(pty:res), Attorney Katherine Ann Ross added to party David J. Venturella(pty:res). (Ross, Katherine) (Entered: 08/24/2026)

#8

Aug 25, 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. 7, pp.2-3. The Tenth Circuit has weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that "noncitizens who entered the United States and were thereafter detained in the interior of the country" are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1237 (10th Cir. 2026). Considering the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to § 1226 or the existence of an administrative warrant--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).IT IS FURTHER ORDERED that:Petitioner Jose Garcia-Herrera is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining him under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if he is removed from the United States.Petitioner SHALL be immediately released from custody, and Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days.Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. By Judge S. Kato Crews on 8/25/2026. Text Only Entry (skclc1) (Entered: 08/25/2026)

Aug 25, 2026

Order

#9

Aug 27, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella. (Ross, Katherine) (Entered: 08/27/2026)

#10

Aug 27, 2026

ORDER re: 9 Status Report filed by Juan Baltazar, Markwayne Mullin, David J. Venturella, Todd Blanche. 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 4 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 8/27/2026. Text Only Entry (skclc1) (Entered: 08/27/2026)

#11

Aug 27, 2026

FINAL JUDGMENT pursuant to Orders 8 and 10 . Entered by the Clerk of the Court on 8/27/2026. (cpear) (Entered: 08/27/2026)

Aug 27, 2026

Order