District of Colorado • 1:26-cv-03949

#1

Aug 26, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Verified) (Filing fee $ 5, Receipt Number ACODC-11241245)Attorney John A. Capin added to party Orlandis Lora Berenguer(pty:pet), filed by Orlandis Lora Berenguer. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit 1: Notice to Appear, # 3 Exhibit 2: Detainee Locator Results, # 4 Exhibit 3: Order of Immigration Judge, # 5 Civil Cover Sheet)(Capin, John) (Entered: 08/26/2026)

#2

Aug 26, 2026

NOTICE of Entry of Appearance of Pro Bono counsel by Brian Scott Green on behalf of Orlandis Lora BerenguerAttorney Brian Scott Green added to party Orlandis Lora Berenguer(pty:pet) (Green, Brian) (Entered: 08/26/2026)

#3

Aug 26, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney John A. Capin. 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) (jberr, ) (Entered: 08/27/2026)

#4

Aug 26, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (jberr, ) (Entered: 08/27/2026)

#5

Aug 27, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jberr, ) (Entered: 08/27/2026)

#6

Sep 01, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Orlandis Lora Berenguer All parties do not consent.. (Capin, John) (Entered: 09/01/2026)

#7

Sep 02, 2026

CASE REASSIGNED Pursuant to 6 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-03949-SKC. (Text Only Entry) (ccuen, ) (Entered: 09/02/2026)

#8

Sep 02, 2026

ORDER: Upon review of the 1 Petition for Writ of Habeas Corpus filed by Orlandis Lora Berenguer, 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 September 9, 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 9/2/2026. Text Only Entry (skclc4) (Entered: 09/02/2026)

Sep 02, 2026

Order

#9

Sep 04, 2026

AFFIDAVIT/RETURN of Service of U.S. Attorney, District of Colorado; Attorney General Todd Blanche; Warden Juan Baltazar; DHS Secretary Markwayne Mullin; Acting ICE Director David J. Venturella; Denver Field Office Director George Valdez upon AUSA Kevin Traskos and authorized representative Mary Bork, USAO, Dist. of CO; AUSA Kevin Traskos and A. Owens on behalf of Attorney General Todd Blanche; Officer Cardenas (GEO Group) on behalf of Warden Juan Baltazar); J. Reyes, Office of General Counsel for DHS and ICE; ICE Director David J. Venturella; C. Carroll on behalf of Denver ICE Field Director George Valdez on September 2, 3, and 4, 2026, filed by Petitioner Orlandis Lora Berenguer (Attachments: # 1 Receipt Ex. A. Service on Attorney General Blanche, # 2 Receipt Ex. B. Service on Warden Baltazar, # 3 Receipt Ex C. Service on DHS Secretary Mullin and Acting Director Venturella, # 4 Receipt Ex. D Service on Denver ICE Field Office Director Valdez)(Capin, John) (Entered: 09/04/2026)

#10

Sep 09, 2026

RESPONSE to 8 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res), Attorney Winnie Wu added to party David J. Venturella(pty:res). (Wu, Winnie) (Entered: 09/09/2026)

#11

Sep 11, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. Petitioner is a citizen of Cuba who entered the United States on November 7, 2023, and was paroled into the country. Dkt. 1, p.1. While on parole, he timely filed a Form I-485 Application to Register Permanent Residence or Adjust Status and sought adjustment of status under the Cuban Adjustment Act (CAA). Id. at p.2. On May 5, 2026, he was arrested by ICE without a warrant during a routine traffic stop. Id.On September 2, 2026, this Court ordered Respondents to file a Response to the Petition. In their Response, Respondents state they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 10, 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). Additionally, in similar cases in this district, courts have found Respondents' attempts to place Cuban citizens in removal proceedings while they are applying for adjustment of status under the CAA improper. Torrez Gonzalez v. Baltazar, No. 26-cv-01972-NYW, 2026 WL 2056031, at *3 (D. Colo. July 16, 2026); Concha-Gonzalez v. Noem, No. 26-cv-00001-CNS, 2026 WL 194178, at *4 (D. Colo. Jan. 26, 2026); Ricardo v. Baltazar, No. 26-cv-01099-SKC, 2026 WL 1773215, at *2 (D. Colo. Apr. 17, 2026). This Court agrees with and adopts the reasoning of other courts in this district and find that Petitioner's current detention is unlawful.Accordingly, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED:Petitioner SHALL be immediately released from custody; however, if he resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner may, if he chooses, remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence. Alternatively, Petitioner may elect for immediate release. Counsel for the parties shall promptly confer regarding Petitioner's wishes;If necessary, Respondents SHALL transport Petitioner back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;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; andRespondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 9/11/2026. Text Only Entry (skclc4) (Entered: 09/11/2026)

Sep 11, 2026

Order

#12

Sep 16, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Wu, Winnie) (Entered: 09/16/2026)

#13

Sep 21, 2026

ORDER re: 12 Status Report filed by Markwayne Mullin, George Valdez, Juan Baltazar, David 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 8 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. SO ORDERED by Judge S. Kato Crews on 9/21/2026. Text Only Entry (skclc4) (Entered: 09/21/2026)

#14

Sep 21, 2026

Judgment

Sep 21, 2026

Order