District of Colorado • 1:26-cv-03734

#1

Aug 14, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11213095)Attorney Eddy Ismael Villacis Flores added to party Gerson Eleazar Perez Rivas(pty:pet), filed by Gerson Eleazar Perez Rivas. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Villacis Flores, Eddy) (Entered: 08/14/2026)

#2

Aug 14, 2026

MOTION for Temporary Restraining Order by Petitioner Gerson Eleazar Perez Rivas. (Villacis Flores, Eddy) (Entered: 08/14/2026)

#3

Aug 14, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 08/17/2026)

#4

Aug 14, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 08/17/2026)

#5

Aug 17, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Gerson Eleazar Perez Rivas, 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 June 30, 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 8/17/2026. Text Only Entry (skclc1) (Entered: 08/17/2026)

#6

Aug 17, 2026

CERTIFICATE of Mailing/Service by Petitioner Gerson Eleazar Perez Rivas. (Villacis Flores, Eddy) (Entered: 08/17/2026)

Aug 17, 2026

Order

#7

Aug 26, 2026

RESPONSE to 5 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David 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 Venturella(pty:res). (Ross, Katherine) (Entered: 08/26/2026)

#8

Sep 14, 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.12. 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, particularly in light of Petitioner's argument that his detention has become indefinite in violation of his Due Process rights, 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 under reasonable conditions to be set by DHS. Respondents SHALL FILE a status report within TWO DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 9/14/2026. Text Only Entry (skclc1) (Entered: 09/14/2026)

Sep 14, 2026

Order

#9

Sep 16, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Ross, Katherine) (Entered: 09/16/2026)

#10

Sep 17, 2026

ORDER re: 9 Status Report filed by Markwayne Mullin, Juan Baltazar, Todd Blanche, David Venturella. 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 9/17/2026. Text Only Entry (skclc1) (Entered: 09/17/2026)

#11

Sep 17, 2026

FINAL JUDGMENT pursuant to Orders 8 and 10 . Entered by the Clerk of the Court on 9/17/2026. (cpear) (Entered: 09/17/2026)

Sep 17, 2026

Order