District of Colorado • 1:26-cv-04657

#1

Sep 21, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11303172)Attorney Leanne Reetz Hightower added to party Eddy Nelson Rodriguez Ovalle(pty:pet), filed by Eddy Nelson Rodriguez Ovalle. (Attachments: # 1 Exhibit Exhibit 1, I-200 warrant, # 2 Exhibit Exhibit 2, I-213., # 3 Exhibit Exhibit 3, Notice to Appear, # 4 Civil Cover Sheet)(Hightower, Leanne) (Entered: 09/21/2026)

#2

Sep 21, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (jberr, ) (Entered: 09/22/2026)

#3

Sep 23, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Eddy Nelson Rodriguez Ovalle, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight certified mail, on or before September 30, 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 five 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 9/23/2026. Text Only Entry (skclc4) (Entered: 09/23/2026)

Sep 23, 2026

Order

#4

Sep 29, 2026

AFFIDAVIT/RETURN of Service of Petition for Habeas Corpus, with exhibits, Order to Show Cause, Civil Cover Sheet upon Kevin Traskos, Juan Baltazar, David Venturella, Markwayne Mullin, Todd Blanche, in their official capacities on 09/25/2026, 09/28/2026, filed by Petitioner Eddy Nelson Rodriguez Ovalle (Attachments: # 1 Exhibit Service receipts)(Hightower, Leanne) (Entered: 09/29/2026)

#5

Oct 05, 2026

RESPONSE to 3 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David VenturellaAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd Blanche(pty:res), Attorney Victor William Scarpato, III added to party Markwayne Mullin(pty:res), Attorney Victor William Scarpato, III added to party David Venturella(pty:res). (Scarpato, Victor) (Entered: 10/05/2026)

#6

Oct 08, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 5, pp.1-2. 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). And Courts in this District have granted petitions where the petitioner was arrested without a warrant. See Quezada-Estrada v. Lyons, No. 26-cv-01599, 2026 WL 1361880, at *6 (D. Colo. May 15, 2026). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED.Furthermore, because Respondents have offered no lawful bases for his detention, particularly considering Petitioner's due process and warrantless arrest arguments, the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026). Therefore, Respondents SHALL immediately release Petitioner under reasonable conditions to be set by DHS and SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. By Judge S. Kato Crews on 10/8/2026. Text Only Entry (skclc4) (Entered: 10/08/2026)

Oct 08, 2026

Order

#7

Oct 09, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David Venturella. (Scarpato, Victor) (Entered: 10/09/2026)

#8

Oct 13, 2026

ORDER re: 7 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 3 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 10/13/2026. Text Only Entry (skclc4) (Entered: 10/13/2026)

Oct 13, 2026

Order

#9

Oct 14, 2026

Judgment