District of Colorado • 1:26-cv-04261

#1

Sep 10, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11276339)Attorney Michelle Medrano Sanchez added to party Elian Rincon Leon(pty:pet), filed by Elian Rincon Leon. (Attachments: # 1 Exhibit I-589, # 2 Exhibit Notice to Appear, # 3 Exhibit Detention Transfer Notification, # 4 Exhibit Petitioners Interim Notice Authorizing Parole, # 5 Exhibit I-765, # 6 Exhibit EOIR Automated Case Information System, # 7 Exhibit Medical Documentation, # 8 Civil Cover Sheet Civil Cover Sheet)(Sanchez, Michelle) (Entered: 09/10/2026)

#2

Sep 10, 2026

First MOTION for Temporary Restraining Order by Petitioner Elian Rincon Leon. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order, # 2 TRO Information Form)(Sanchez, Michelle) (Entered: 09/10/2026)

#3

Sep 10, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, 2 First MOTION for Temporary Restraining Order filed by attorney Michelle Medrano Sanchez. 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: 09/11/2026)

#4

Sep 10, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 09/11/2026)

#5

Sep 11, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 09/11/2026)

#6

Sep 11, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order filed by Petitioner, 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

#7

Sep 20, 2026

AFFIDAVIT/RETURN of Service of Habeas Petition and Exhibit List, Civil Cover Sheet, Emergency Motion for TRO, Proposed TRO Order, TRO Information Form, Magistrate Consent Form, and the Order to Show Cause upon Kevin Traskos and Joann Stark, United States Attorneys Office for the District of Colorado on September 18, 2026, filed by Petitioner Elian Rincon Leon (Sanchez, Michelle) (Entered: 09/20/2026)

#8

Sep 28, 2026

RESPONSE to 6 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Thomas Alan Isler added to party Juan Baltazar(pty:res), Attorney Thomas Alan Isler added to party Todd Blanche(pty:res), Attorney Thomas Alan Isler added to party Markwayne Mullin(pty:res), Attorney Thomas Alan Isler added to party George Valdez(pty:res), Attorney Thomas Alan Isler added to party David J. Venturella(pty:res). (Isler, Thomas) (Entered: 09/28/2026)

#9

Sep 28, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella All parties do not consent.. (Isler, Thomas) (Entered: 09/28/2026)

#10

Oct 01, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. Petitioner presented herself at the border on September 12, 2024, where DHS detained her. Dkt. 1, p.8. On November 28, 2024, she was released on parole, which was authorized for one year. Id. After her parole expired, she remained in the United States until she was taken into custody by ICE on August 3, 2026. Id. at p.9. Petitioner has a pending asylum application and is not subject to a final order of removal.Id. This Court ordered Respondents to file a Response to the Petition, and in the Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 8, 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). In addition, the Court finds that Petitioner has a protected liberty interest in remaining out of custody and her detention without adequate due process violates her rights. See Ekenge v. Baltazar, No. 1:26-cv-00630-SBP, 2026 WL 617341, at *3 (D. Colo. Mar. 5, 2026) (citing cases). Therefore, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.Respondents are HEREBY ORDERED to immediately release Petitioner subject to the same conditions of release in effect before her detention on August 3, 2026. Respondents SHALL FILE a Status Report by October 5, 2026, certifying compliance with this Court's Order.IT IS FURTHER ORDERED Petitioner's 2 Motion for Temporary Restraining Order is DENIED AS MOOT.By Judge S. Kato Crews on 10/1/2026. Text Only Entry (skclc4) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion for TRO

#11

Oct 05, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Isler, Thomas) (Entered: 10/05/2026)

#12

Oct 06, 2026

ORDER re: 11 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 6 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 10/6/2026. Text Only Entry (skclc4) (Entered: 10/06/2026)

#13

Oct 06, 2026

Judgment

Oct 06, 2026

Order