District of Colorado • 1:26-cv-03723

Labrada v. Baltazar

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Case Information

Filed: August 14, 2026
Assigned to: Daniel Desmond Domenico
Referred to: Susan Prose
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
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Last Activity: November 09, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 14, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 based on Unlawful Immigration Detention (Filing fee $ 5, Receipt Number ACODC-11210979)Attorney Kristin Daniella Figueroa-Contreras added to party Manuel LABRADA(pty:pet), filed by Manuel LABRADA. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Exhibit A- Petitioner's Sworn Statement and Certified English Translation, # 3 Exhibit B- Petitioner's Form I-220B OSUP (Redacted), # 4 Exhibit C- Petitioner's Spouse's Form I-130 Approval Notice (Redacted))(Figueroa-Contreras, Kristin) (Entered: 08/14/2026)
Main Document: APPLICATION
#2
Aug 14, 2026
NOTICE re 1 Application for Writ of Habeas Corpus,, NOTICE OF RELATED CASES by Petitioner Manuel LABRADA (Figueroa-Contreras, Kristin) (Entered: 08/14/2026)
Main Document: NOTICE
#3
Aug 14, 2026
Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (manoe, ) (Entered: 08/14/2026)
#4
Aug 14, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 08/14/2026)
Main Document: Magistrate
#5
Sep 04, 2026
ORDER by Magistrate Judge Susan Prose on 09/04/2026. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a Magistrate Judge. Accordingly, in light of Petitioner's 1 Verified Petition for Writ of Habeas Corpus and Application for Temporary Restraining Order, the Clerk's Office is directed to reassign this case to a United States District Judge. See ECF No. 11 in Nassardeen-Buckley v. U.S. Bank, Nat'l Ass'n as Tr. for Truman 2016 SC6 Title Tr., No. 18-cv-2249-WJM-SKC (D. Colo.). Text Only Entry (sjeff) (Entered: 09/04/2026)
#6
Sep 04, 2026
CASE REASSIGNED Pursuant to 5 Order. Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 26-cv-03723-DDD. (Text Only Entry) (ccuen, ) (Entered: 09/08/2026)
Sep 04, 2026
Order
#7
Sep 08, 2026
ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Verified Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within two weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 09/08/2026. Text Only Entry. (agryan) (Entered: 09/08/2026)
#8
Sep 08, 2026
ORDER REFERRING CASE to Magistrate Judge Susan Prose. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 09/08/2026. Text Only Entry. (agryan) (Entered: 09/08/2026)
Sep 08, 2026
Order Referring Case to Magistrate Judge
Sep 08, 2026
Order to Show Cause
#9
Oct 13, 2026
ORDER re: Service of Process.On 9/8/2026, the petitioner was ordered to "serve the respondents with 1 Verified Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4" and "promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1)." Doc. 7. The petitioner has not filed any proof of service.The petitioner must serve the respondents on or before 11/12/2026. See Fed. R. Civ. P. 4(m) (if defendants are not served within ninety days of filing complaint, court may dismiss action without prejudice unless plaintiff shows good cause for the failure). If no proof of service is filed by 11/13/2026, the Court will dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve and pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or to comply with a court order.SO ORDERED by Judge Daniel D. Domenico on 10/13/2026. Text Only Entry. (rkeec) (Entered: 10/13/2026)
Oct 13, 2026
Order
#10
Nov 09, 2026
AFFIDAVIT/RETURN of Service of Verified Petition and Exhibits upon Juan Baltazar, Warden - Aurora ICE Processing Center on 10/22/2026, filed by Respondent Juan Baltazar (Attachments: # 1 Exhibit A: USPS Tracking and Delivery Information for Service on Respondent)(Figueroa-Contreras, Kristin) (Entered: 11/09/2026)
Main Document: AFFIDAVIT/RETURN
#11
Nov 09, 2026
AFFIDAVIT/RETURN of Service of Verified Petition and Exhibits upon George Valdez, Assistant Field Office Director, ICE-ERO Denver Field Office on 10/22/2026, filed by Petitioner Manuel Labrada (Attachments: # 1 Exhibit A: USPS Tracking and Delivery Information for Service on Respondent)(Figueroa-Contreras, Kristin) (Entered: 11/09/2026)
Main Document: AFFIDAVIT/RETURN
#12
Nov 09, 2026
AFFIDAVIT/RETURN of Service of Verified Petition and Exhibits upon David Venturella, Acting ICE Director on 10/27/2026, filed by Petitioner Manuel Labrada (Attachments: # 1 Exhibit A: USPS Tracking and Delivery Information for Service on Respondent)(Figueroa-Contreras, Kristin) (Entered: 11/09/2026)
Main Document: AFFIDAVIT/RETURN
#13
Nov 09, 2026
AFFIDAVIT/RETURN of Service of Verified Petition and Exhibits upon Markwayne Mullin, DHS Secretary on 10/26/2026, filed by Petitioner Manuel Labrada (Attachments: # 1 Exhibit A: USPS Tracking and Delivery Information for Service on Respondent)(Figueroa-Contreras, Kristin) (Entered: 11/09/2026)
Main Document: AFFIDAVIT/RETURN
#14
Nov 09, 2026
AFFIDAVIT/RETURN of Service of Verified Petition and Exhibits upon Todd Blanche, U.S. Attorney General on 10/26/2026, filed by Petitioner Manuel Labrada (Attachments: # 1 Exhibit A: USPS Tracking and Delivery Information for Service on Respondent)(Figueroa-Contreras, Kristin) (Entered: 11/09/2026)
Main Document: AFFIDAVIT/RETURN
#15
Nov 09, 2026
RESPONSE to 7 Order to Show Cause,,, by Respondents Juan Baltazar, Todd W. Blanche, Markwayne Mullins, George Valdez, David J VenturellaAttorney Kaitlyn M. Schaeffer added to party Juan Baltazar(pty:res), Attorney Kaitlyn M. Schaeffer added to party Todd W. Blanche(pty:res), Attorney Kaitlyn M. Schaeffer added to party Markwayne Mullins(pty:res), Attorney Kaitlyn M. Schaeffer added to party George Valdez(pty:res), Attorney Kaitlyn M. Schaeffer added to party David J Venturella(pty:res). (Schaeffer, Kaitlyn) (Entered: 11/09/2026)
Main Document: RESPONSE
#16
Nov 09, 2026
ORDER re: Service of Process. On 11/9/2026, the petitioner filed 10, 11, 12, 13, and 14 stating that Respondents Juan Baltazar, George Valdez, David Venturella, Markwayne Mullin, and Todd Blanche were each served by certified mail. But the petitioner has not filed any proof of service on the United States Attorney for the District of Colorado as required by Fed. R. Civ. P. 4(i)(1)-(2). To facilitate a prompt disposition of this case, the Clerk of Court is therefore DIRECTED to provide notice of the case and a copy of 1 Verified Petition for Writ of Habeas Corpus and this Order by email to the United States Attorney's Office for the District of Colorado. It is ORDERED that within one week of such notice: (1) The U.S. Attorney's Office must enter its appearance for the respondents; and (2) The respondents may SHOW CAUSE why the application for a writ of habeas corpus should not be granted. If the respondents file a non-substantive response that does not explain why the habeas application should not be granted, the Court will order them to immediately release the petitioner from detention. It is FURTHER ORDERED that: If the respondents choose not to file any response by the deadline, they must release the petitioner from detention no later than twenty-four hours after the response deadline, and they must file a status report within one week of the response deadline confirming the petitioner has been released; and No motion to enforce this release requirement may be filed prior to the deadline for release, and counsel for the petitioner must confer or make reasonable, good faith efforts to confer with counsel for the respondents before filing any such motion. See Local Civ. R. 7.1(a). The petitioner may file a reply within one week of service of any show-cause response. SO ORDERED by Judge Daniel D. Domenico on 11/9/2026. Text Only Entry (ggill, ) (Entered: 11/09/2026)
#17
Nov 09, 2026
CERTIFICATE of Service by Clerk of Court re 16 Order, 1 Application for Writ of Habeas Corpus, 2 Notice, emailed to USACO.ServImm2241@usdoj.gov. Text Only Entry (ggill, ) (Entered: 11/09/2026)
#18
Nov 09, 2026
ORDER GRANTING 1 Verified Petition for Writ of Habeas Corpus.The respondents have filed a non-substantive response to the application for a writ of habeas corpus stating 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," which they assert is release from immigration detention. Doc. 15 .It is therefore ORDERED that:7 Order to Show Cause is MADE ABSOLUTE; 1 Verified Petition for Writ of Habeas Corpus is GRANTED; andThe respondents must release Petitioner Manuel Labrada from detention no later than 11/10/2026, and file a status report by 11/16/2026 confirming the petitioner has been released.SO ORDERED by Judge Daniel D. Domenico on 11/9/2026. Text Only Entry. (rkeec) (Entered: 11/09/2026)
Nov 09, 2026
Order
Nov 09, 2026
Serve USAO - Immigration Habeas