District of Colorado • 1:26-cv-04242

Garcia Torres v. Baltazar

Completed

Case Information

Filed: September 10, 2026
Assigned to: Daniel Desmond Domenico
Referred to: N. Reid Neureiter
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: November 05, 2026
Last Activity: November 05, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 10, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11272845), filed by CARLOS GARCIA TORRES. (Attachments: # 1 Exhibit Exhibits, # 2 Civil Cover Sheet Civil Cover Sheet)(Rosales, Joseph) (Entered: 09/10/2026)
Main Document: First
#2
Sep 10, 2026
Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jberr, ) (Entered: 09/10/2026)
#3
Sep 10, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 09/10/2026)
Main Document: Magistrate
#4
Sep 10, 2026
ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Verified Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within two weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 09/10/2026. Text Only Entry. (agryan) (Entered: 09/10/2026)
#5
Sep 10, 2026
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 09/10/2026. Text Only Entry. (agryan) (Entered: 09/10/2026)
Sep 10, 2026
Order to Show Cause
Sep 10, 2026
Order Referring Case to Magistrate Judge
#6
Sep 15, 2026
Exhibits in Support Proof of Service to Respondent's by Petitioner Carlos Garcia Torres. (Rosales, Joseph) (Entered: 09/15/2026)
Main Document: Exhibits
#7
Sep 25, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner Carlos Garcia Torres All parties do not consent.. (Rosales, Joseph) (Entered: 09/25/2026)
Main Document: CONSENT
#8
Oct 01, 2026
RESPONSE to 4 Order to Show Cause,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Todd Blanche(pty:res), Attorney Erika A. Kelley added to party Todd Lyons(pty:res), Attorney Erika A. Kelley added to party Markwayne Mullin(pty:res), Attorney Erika A. Kelley added to party George Valdez(pty:res). (Kelley, Erika) (Entered: 10/01/2026)
Main Document: RESPONSE
#9
Oct 01, 2026
REPLY BRIEF by Petitioner Carlos Garcia Torres. (Rosales, Joseph) (Entered: 10/01/2026)
Main Document: REPLY
#10
Oct 02, 2026
ORDER GRANTING IN PART 1 Verified Petition for Writ of Habeas Corpus.The petitioner seeks a writ of habeas corpus directing his immediate release from immigration detention or a bond hearing before this Court. The respondents state that they "are not submitting a brief in opposition to the Petition," and they "recognize that the Court may then decide to grant the Petition and award appropriate relief," which they assert is a bond hearing before an immigration judge. Doc. 8 at 1-2.It is therefore ORDERED that 4 Order to Show Cause is MADE ABSOLUTE, and 1 Verified Petition for Writ of Habeas Corpus is GRANTED IN PART.Within one week of this Order, the respondents must provide the petitioner with a bond hearing before an immigration judge or else release the petitioner.The respondents must provide the petitioner's counsel no less than three business days' notice in advance of any bond hearing.The respondents must file a status report within three business days of the petitioner's bond hearing or release stating the results of the bond hearing or the date of the petitioner's release if no bond hearing was held.SO ORDERED by Judge Daniel D. Domenico on 10/02/2026. Text Only Entry. (agryan) (Entered: 10/02/2026)
Oct 02, 2026
Order
#11
Oct 13, 2026
STATUS REPORT pursuant to Order (ECF No. 10) by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Kelley, Erika) (Entered: 10/13/2026)
Main Document: STATUS
#12
Oct 13, 2026
ORDER re: 11 Status Report filed by Respondents. The respondents report that the petitioner has been provided with a bond hearing before an immigration judge. The petitioner may file a response on or before 10/20/2026 explaining any reasons why this case should not be closed. SO ORDERED by Judge Daniel D. Domenico on 10/13/2026. Text Only Entry. (rkeec) (Entered: 10/13/2026)
Oct 13, 2026
Order
#13
Oct 18, 2026
First MOTION to Enforce 10 Order,,,,, by Petitioner Carlos Garcia Torres. (Attachments: # 1 Exhibit Exhibit List)(Rosales, Joseph) (Entered: 10/18/2026)
Main Document: Enforce
#14
Oct 19, 2026
ORDER re: 13 Petitioner's Motion to Enforce this Court's Order and for Relief. The respondents must respond to the motion on or before 10/26/2026. If the respondents do not file a substantive response, the Court will order them to immediately release the petitioner from detention. SO ORDERED by Judge Daniel D. Domenico on 10/19/2026. Text Only Entry. (rkeec) (Entered: 10/19/2026)
Oct 19, 2026
Order
#15
Oct 26, 2026
RESPONSE to 13 First MOTION to Enforce 10 Order,,,,, filed by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Kelley, Erika) (Entered: 10/26/2026)
Main Document: RESPONSE
#16
Oct 26, 2026
ORDER GRANTING 13 Petitioner's Motion to Enforce this Court's Order and for Relief.The Court previously ordered that "[i]f the respondents do not file a substantive response" to the motion by 10/26/2026, "the Court will order them to immediately release the petitioner from detention." Doc. 14. The respondents have filed a non-substantive response stating that they "are not submitting a brief in opposition to the Motion," and they "recognize that the Court may then decide to grant the Motion and award appropriate relief." Doc. 15 .Accordingly, the respondents are ORDERED to release Petitioner Carlos Garcia Torres from detention within twenty-four hours of this Order, and file a status report within one week of this Order confirming he has been released.SO ORDERED by Judge Daniel D. Domenico on 10/26/2026. Text Only Entry.(rkeec) (Entered: 10/26/2026)
Oct 26, 2026
Order on Motion to Enforce
#17
Oct 28, 2026
First MOTION to Enforce 16 Order on Motion to Enforce,,, by Petitioner Carlos Garcia Torres. (Rosales, Joseph) (Entered: 10/28/2026)
Main Document: Enforce
#18
Oct 29, 2026
ORDER re: 17 Petitioner's Motion to Enforce. The respondents must respond to the motion on or before 11/4/2026. SO ORDERED by Judge Daniel D. Domenico on 10/29/2026. Text Only Entry. (rkeec) (Entered: 10/29/2026)
Oct 29, 2026
Order
#19
Nov 02, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Kelley, Erika) (Entered: 11/02/2026)
Main Document: STATUS
#20
Nov 03, 2026
ORDER GRANTING 17 Petitioner's Motion to Enforce.The respondents report that "[o]n October 27, 2026, Petitioner exited the detention facility, was immediately re-detained, and remains in detention. Respondents will not be submitting a brief that argues that the current detention is lawful."Accordingly, it is ORDERED that: 17 Petitioner's Motion to Enforce is GRANTED;The respondents must release Petitioner Carlos Garcia Torres from detention no later than 11/4/2026, and file a status report by 11/5/2026 confirming he has been released; andPursuant to Federal Rule of Civil Procedure 65, the respondents and their officers, agents, servants, employees, attorneys, and any other persons who are in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are ENJOINED from re-detaining the petitioner prior to commencement of the removal period under 8 U.S.C. § 1231(a)(1)(B), unless they first provide him with notice and a pre-detention hearing before an immigration judge under 8 U.S.C. § 1226(a) and 8 C.F.R. §§ 236.1(d) & 1003.19 and the immigration judge determines that the petitioner would pose a danger to the community or a flight risk if release is continued.SO ORDERED by Judge Daniel D. Domenico on 11/3/2026. Text Only Entry.(rkeec) (Entered: 11/03/2026)
Nov 03, 2026
Order on Motion to Enforce
#21
Nov 05, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Kelley, Erika) (Entered: 11/05/2026)
Main Document: STATUS
#22
Nov 05, 2026
ORDER re: 21 Status Report filed by Respondents. The Clerk of Court is DIRECTED to enter final judgment in favor of the petitioner pursuant to 10 Order Granting in Part 1 Verified Petition for Writ of Habeas Corpus; 16 Order Granting 13 Petitioner's Motion to Enforce this Court's Order and for Relief; and 20 Order Granting 17 Petitioner's Motion to Enforce. SO ORDERED by Judge Daniel D. Domenico on 11/5/2026. Text Only Entry. (rkeec) (Entered: 11/05/2026)
#23
Nov 05, 2026
FINAL JUDGMENT by Clerk in favor of Carlos Garcia Torres against George Valdez, Juan Baltazar, Markwayne Mullin, Todd Blanche, Todd Lyons entered by Judge Daniel D. Domenico on 11/5/2026. (rkeec) (Entered: 11/05/2026)
Main Document: Judgment - Clerk
Nov 05, 2026
Order