District of Colorado • 1:26-cv-04051

Pacan v. Baltazar

Completed

Case Information

Filed: August 31, 2026
Assigned to: Shane Kato Crews
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: October 08, 2026
Last Activity: October 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 31, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11250389)Attorney Lachezar Vanchev added to party Maros Pacan(pty:pet), filed by Maros Pacan. (Attachments: # 1 Exhibit Exhibits listed in the Petition)(Vanchev, Lachezar) (Entered: 08/31/2026)
Main Document: APPLICATION
#2
Aug 31, 2026
MOTION for Temporary Restraining Order by Petitioner Maros Pacan. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Vanchev, Lachezar) (Entered: 08/31/2026)
Main Document: Temporary Restraining Order
#3
Aug 31, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 2 MOTION for Temporary Restraining Order, 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: 08/31/2026)
#4
Aug 31, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) (Entered: 08/31/2026)
#5
Aug 31, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 08/31/2026)
Main Document: Magistrate
#6
Sep 02, 2026
ORDER: Upon review of the 1 Petition for Writ of Habeas Corpus filed by Maros Pacan, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition, 2 Motion for Temporary Restraining Order, 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
#7
Sep 09, 2026
CERTIFICATE of Mailing/Service re 6 Order,,,, NOTICE OF FILING PROOF OF SERVICE by Petitioner Maros Pacan. (Vanchev, Lachezar) (Entered: 09/09/2026)
Main Document: CERTIFICATE
#8
Sep 09, 2026
MOTION for Extension of Time to Complete Service by Petitioner Maros Pacan. (Vanchev, Lachezar) (Entered: 09/09/2026)
Main Document: Extension of Time
#9
Sep 09, 2026
ORDER granting 8 Unopposed Motion for Extension of Time to Complete Service. For good cause and the Motion being unopposed, Petitioner is granted an extension of up to and including September 16, 2026, to complete service. By Judge S. Kato Crews on 9/9/2026. Text Only Entry(skcja, ) (Entered: 09/09/2026)
Sep 09, 2026
Order on Motion for Extension of Time to File
#10
Sep 15, 2026
CERTIFICATE of Mailing/Service PETITIONER'S NOTICE OF FILING PROOF OF SERVICE by Petitioner Maros Pacan. (Vanchev, Lachezar) (Entered: 09/15/2026)
Main Document: CERTIFICATE
#11
Sep 21, 2026
MOTION for Extension of Time to RESPOND TO THE PETITION FOR WRIT OF HABEAS CORPUS by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J Venturella. (Wertheim, Elliot) (Entered: 09/21/2026)
Main Document: Extension of Time
#12
Sep 21, 2026
ORDER This matter is before the Court on 11 Motion for Extension of Time to Respond to the Petition for Writ of Habeas Corpus (ECF. No. 1). The Court rules on the Motion without awaiting a response from Petitioner. For good cause, the Motion is granted. Respondents are granted an extension of up to and including October 1, 2026, to respond to the Petition. By Judge S. Kato Crews on 9/21/2026. Text Only Entry (skcja, ) (Entered: 09/21/2026)
Sep 21, 2026
Order AND ~Util - Terminate Motions
#13
Oct 01, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J VenturellaAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party George Valdez(pty:res), Attorney Elizabeth Erin Puskar added to party David J Venturella(pty:res) (Puskar, Elizabeth) (Entered: 10/01/2026)
Main Document: NOTICE
#14
Oct 01, 2026
RESPONSE to 6 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J VenturellaAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party Todd Blanche(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party George Valdez(pty:res), Attorney Julia M. Prochazka added to party David J Venturella(pty:res). (Prochazka, Julia) (Entered: 10/01/2026)
Main Document: RESPONSE
#15
Oct 05, 2026
ORDER: Before the Court is Petitioner Maros Pacan's 1 Application for Writ of Habeas Corpus. Respondents were ordered to respond to the Petition, and in their Response, they state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 14, pp.1-2. Respondents also confirm that "if the Court does grant the Petition, the appropriate relief would be an order directing Petitioner's release." Id. at 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). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondent has offered no lawful bases for his detention, 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 appears that Petitioner resided in Key West, Florida before his detention. Dkt. 1, p.8. Therefore, Petitioner may remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence at the government's expense. Alternatively, Petitioner may elect for immediate release. Counsel for the Parties shall promptly confer regarding Petitioner's wishes. Respondents SHALL FILE a Status Report within five days of this Order certifying compliance. IT IS FURTHER ORDERED Petitioner's 2 Motion for Temporary Restraining Order is DENIED as moot. By Judge S. Kato Crews on 10/5/2026. Text Only Entry (skclc4) (Entered: 10/05/2026)
Oct 05, 2026
Order on Motion for TRO
#16
Oct 07, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J Venturella. (Prochazka, Julia) (Entered: 10/07/2026)
Main Document: STATUS
#17
Oct 07, 2026
ORDER re: 16 Status Report filed by Respondents. 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 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 10/7/2026. Text Only Entry (skclc4) (Entered: 10/07/2026)
Oct 07, 2026
Order
#18
Oct 08, 2026
FINAL JUDGMENT pursuant to Orders 15 and 17 . Entered by the Clerk of the Court on 10/8/2026. (cpear) (Entered: 10/08/2026)
Main Document: Judgment