District of Colorado • 1:26-cv-04371

#1

Sep 14, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241, filed by Nabor Hernandez-Perez. (Attachments: # 1 Attachment, # 2 Receipt, # 3 Envelope)(bschl, ) (Entered: 09/14/2026)

#2

Sep 14, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (bschl, ) (Entered: 09/14/2026)

#3

Sep 15, 2026

ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings shall be designated to 26-cv-04371-CNS). By Magistrate Judge Richard T. Gurley on 9/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, ) (Entered: 09/15/2026)

#4

Sep 15, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ggill, ) (Entered: 09/15/2026)

#5

Sep 15, 2026

MINUTE ORDER: Before the Court is Petitioner Nabor Hernandez-Perez's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1, in which Petitioner requests immediate release from immigration detention or, in the alternative, that the Court order Respondent to provide Petitioner with an individualized bond hearing, id. at 4. Having reviewed the application, after being served Counsel for Respondent shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondent is ORDERED TO RESPOND to the Application and are ORDERED TO SHOW CAUSE as to why the Application should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondent 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. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 9/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/15/2026)

#6

Sep 15, 2026

MINUTE ORDER: The Court orders that the Clerk of Court's Office effectuate service of process on Respondent, ECF Nos. 1, 5, and file a certificate of service. Counsel for Respondent shall promptly enter a notice of appearance. By Judge Charlotte N. Sweeney on 9/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/15/2026)

Sep 15, 2026

Minute Order

#7

Sep 16, 2026

CERTIFICATE of Service, by Clerk of Court re: 1 Application for Writ of Habeas Corpus, 5 Minute Order to Show Cause for Service of Process (Attachments: # 1 USPS Certified Mail Receipt) (sphil, ) (Entered: 09/16/2026)

#8

Sep 17, 2026

Acknowledgment of Service on behalf of the United States Attorneys Office for the District of Colorado on 9/17/2026. (sphil, ) (Entered: 09/18/2026)

#9

Sep 21, 2026

RESPONSE to 5 Minute Order,,,,,,, by Respondent Juan BaltazarAttorney Elliot Wertheim added to party Juan Baltazar(pty:res). (Wertheim, Elliot) (Entered: 09/21/2026)

#10

Sep 21, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Juan Baltazar All parties do not consent.. (Wertheim, Elliot) (Entered: 09/21/2026)

#11

Sep 21, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Nabor Hernandez-Perez. Petitioner Party Does Not Consent. (eguth, ) (Entered: 09/23/2026)

#12

Sep 23, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondent's response to it, ECF No. 9. In the response, Respondent states that he is "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondent's response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's habeas application, ECF No. 1. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to his recent detention. Respondent SHALL FILE a status report within THREE DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 9 at 2, this argument fail to persuade. Compare ECF No. 9 at 2, with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 9/23/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/23/2026)

Sep 23, 2026

Minute Order

#13

Sep 24, 2026

AFFIDAVIT/RETURN of Service upon Warden, Denver Contract Detention Facility. (sphil, ) (Entered: 09/25/2026)

#14

Sep 28, 2026

STATUS REPORT by Respondent Juan Baltazar. (Wertheim, Elliot) (Entered: 09/28/2026)

#15

Sep 29, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No 12, and the representations made in the Status Report, ECF No. 14, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/29/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (jdyne, ) (Entered: 09/29/2026)

#16

Sep 29, 2026

FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 9/29/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (jdyne, ) (Entered: 09/29/2026)

Sep 29, 2026

Minute Order