District of Colorado • 1:26-cv-04233

#1

Sep 09, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11271831)Attorney Leanne Reetz Hightower added to party Wilson Gutierrez-Hernandez(pty:pet), filed by Wilson Gutierrez-Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Emails re Removal, # 3 Exhibit Exhibit 2 - I-200)(Hightower, Leanne) (Entered: 09/09/2026)

#2

Sep 09, 2026

MOTION for Temporary Restraining Order by Petitioner Wilson Gutierrez-Hernandez. (Hightower, Leanne) (Entered: 09/09/2026)

#3

Sep 09, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 09/10/2026)

#4

Sep 09, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 09/10/2026)

#5

Sep 11, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order filed by Wilson Omar Gutierrez Hernandez, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition, Motion for TRO, and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before September 18, 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 seven 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 9/11/2026. Text Only Entry (skclc4) (Entered: 09/11/2026)

Sep 11, 2026

Order

#6

Sep 22, 2026

AFFIDAVIT/RETURN of Service of U.S. Atty for the Dist. of Colorado, U.S. Atty General, GEO-Aurora ICE Processing Center, Secretary of Homeland Security, U.S. Immigration and Customs Enforcement upon Kevin Traskos, Juan Baltazar, Markwayne Mullin, Todd Blanche, David Venturella on 09/21/2026, filed by Petitioner Wilson Omar Gutierrez Hernandez (Hightower, Leanne) (Entered: 09/22/2026)

#7

Sep 29, 2026

MOTION for Extension of Time to File Answer or Otherwise Respond re 5 Order,,,, 2 MOTION for Temporary Restraining Order, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Weinberg, Anh) (Entered: 09/29/2026)

#8

Sep 30, 2026

ORDER granting in part 7 Motion for Extension of Time to Respond to the Petition for writ of Habeas Corpus. The Court grants the request for extension of time and denies the request for an additional twenty-one days. Respondents shall respond to the petition on or before October 6, 2026. By Judge S. Kato Crews on 9/30/2026. Text Only Entry(skcja, ) (Entered: 09/30/2026)

Sep 30, 2026

Order on Motion for Extension of Time to Answer or Otherwise Respond

#9

Oct 06, 2026

ANSWER to Complaint by Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A_DO Declaration)(Weinberg, Anh) (Entered: 10/06/2026)

#10

Oct 14, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. Petitioner alleges his arrest and subsequent detention without an I-205 warrant was unlawful. Dkt. 1, p.5. According to email correspondence attached as an exhibit to the Petition (Dkt. 1-2), Respondents assert Petitioner has a final order of removal from 2013. Accordingly, Petitioner argues he should have been arrested pursuant to an I-205 warrant, which "is the means by which immigration agents obtain authorization to arrest a noncitizen who has been ordered removed to facilitate his deportation from the United States." S v. Blanche, No. 26-cv-2265 (KMM/DLM), 2026 WL 1998718, at *1 (D. Minn. July 10, 2026). Respondents were ordered to respond to the Petition, and in their Response, they assert this Court does not have jurisdiction over the case because Petitioner was not confined within the District of Colorado when he filed his Petition. Dkt. 9, p.1. According to Respondents, Petitioner was in a facility in Jonesboro, Louisiana when the Petition was filed. Id. at pp.2-3. However, in the Petition, Petitioner asserted he was being detained in Colorado, so this Court issued an Order prohibiting Respondents from removing him from Colorado. Dkt. 5 . In response to this Order, Respondents transferred Petitioner back to Colorado. Dkt. 9, p.3. While the Court understands Respondents' position, denying the Petition on this basis even though Petitioner is now back in Colorado and under the custody and control of the warden of the Denver detention facility would put form over function and would not secure "the just, speedy, and inexpensive determination" of this action. Fed. R. Civ. P. 1. Accordingly, the Court will not deny the Petition on this basis.Respondents do not address the merits of the Petition in their Response, and where "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 Phams. 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). And because Petitioner has a final order of removal, he should have been arrested under an I-205 warrant, and an I-200 warrant is not a valid substitute. See S, 2026 WL 1998718, at *5. For these reasons, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Accordingly, IT IS ORDERED Petitioner shall be immediately released from custody under reasonable conditions set by DHS, and Respondents shall file a Status Report within FIVE DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 10/14/2026. Text Only Entry (skclc4) (Entered: 10/14/2026)

#11

Oct 14, 2026

ORDER In light of this Court's Order granting Petitioner's 1 Application for Writ of Habeas Corpus, the 2 Motion for Temporary Restraining Order is DENIED AS MOOT. By Judge S. Kato Crews on 10/14/2026. Text Only Entry (skclc4) (Entered: 10/14/2026)

Oct 14, 2026

Order on Motion for TRO

Oct 14, 2026

Order

#12

Oct 15, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Weinberg, Anh) (Entered: 10/15/2026)

#13

Oct 19, 2026

ORDER re: 12 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 10/19/2026. Text Only Entry (skclc4) (Entered: 10/19/2026)

#14

Oct 19, 2026

FINAL JUDGMENT pursuant to Orders 10 and 13 . Entered by the Clerk of the Court on 10/19/2026. (cpear) (Entered: 10/19/2026)

Oct 19, 2026

Order