District of Colorado • 1:26-cv-04062

#1

Aug 31, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11250577)Attorney Tiago J. Guevara added to party Jose MATUTE-Barahona(pty:pet), filed by Jose MATUTE-Barahona. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Entry of Appearance)(Guevara, Tiago) (Entered: 08/31/2026)

#2

Aug 31, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 08/31/2026)

#3

Aug 31, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 08/31/2026)

Sep 04, 2026

Minute Order

#9

Sep 11, 2026

Order

#12

Sep 17, 2026

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: The Minute Order to Show Cause entered by Magistrate Judge Susan Prose (ECF No. 4 ) is MADE ABSOLUTE and Matute-Barahona's Petition (ECF No. 1 ) is GRANTED; The Cou rt GRANTS this relief to Matute-Barahona pursuant to Count II of the Petition. The Court does not reach the merits of Count I; By no later than this Saturday, September 19, 2026, Respondents shall IMMEDIATELY RELEASE Matute-Barahona on his own recogn izance, along with all his personal belongings, and they shall facilitate Matute-Barahona's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address4. No onerous conditi ons of release shall be unilaterally imposed by Respondents on Matute-Barahona, including without limitation mandating that he wear GPS monitoring, submit to mandatory reporting, or have his movements otherwise restricted; Respondents are ENJOINED fr om re-arresting or re-detaining Matute-Barahona unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical cus tody is legally justified.Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Matute-Barahona from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals , vacates this Order by no later than October 15, 2026. Respondents shall file a response by no later than November 5, 2026, and Matute-Barahona shall file a reply by no later than November 19, 2026; and Judgment shall enter in Matute-Barahonas favor and against Respondents on October 1, 2026. SO ORDERED by Judge William J. Martinez on 09/17/2026. (jrobe, )