Active
Case Information
Filed: September 22, 2026
Assigned to:
Daniel Desmond Domenico
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
November 05, 2026
Parties:
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Docket Entries
#1
Sep 22, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC § 2241 (Filing fee $ 5, Receipt Number 119634), filed by Carlos Enrique Hurtado-Hernandez. (Attachments: # 1 Memorandum of Law, # 2 Exhibits, # 3 Civil Cover Sheet, # 4 Envelope)(alxu, ) (Entered: 09/22/2026)
Main Document:
APPLICATION
#2
Sep 22, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (alxu, ) (Entered: 09/22/2026)
#3
Sep 23, 2026
ORDER DRAWING CASE. After review under D.C.COLO.LCivR 8.1, 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 Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings shall be designated to 26-cv-04681- DDD). By Magistrate Judge Richard T. Gurley 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. (ggill, ) (Entered: 09/23/2026)
Main Document:
Order Reassigning Case
#4
Sep 24, 2026
ORDER TO SHOW CAUSE.Having reviewed 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within two weeks after service 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 09/24/2026. Text Only Entry. 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. (agryan) (Entered: 09/24/2026)
Sep 24, 2026
Order to Show Cause
#5
Sep 25, 2026
CERTIFICATE of Service by Clerk of Court re 4 Order to Show Cause,, 1 Application for Writ of Habeas Corpus, (Attachments: # 1 Certified Mail Receipts) (agryan) Modified on 10/7/2026 to correct document (agryan). (Entered: 09/25/2026)
Main Document:
CERTIFICATE
#6
Sep 28, 2026
ACKNOWLEDGEMENT of Receipt of Documents by United States Attorney's Office re 5 Certificate of Service (agryan) (Entered: 09/28/2026)
Main Document:
ACKNOWLEDGEMENT
#7
Oct 05, 2026
CERTIFIED MAIL RETURN Receipt as to Juan Baltazar re: 5 Certificate of Service (agryan) (Entered: 10/05/2026)
Main Document:
CERTIFIED
#8
Oct 08, 2026
RESPONSE to 4 Order to Show Cause,, by Respondent Juan BaltazarAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res). (Scarpato, Victor) (Entered: 10/08/2026)
Main Document:
RESPONSE
#9
Oct 08, 2026
ORDER GRANTING 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241.The petitioner seeks a writ of habeas corpus directing a bond hearing before an immigration judge or release from detention. The respondent states that he "is not submitting a brief in opposition to the Petition," and he "recognizes that the Court may then decide to grant the Petition and award appropriate relief." Doc. 8 at 1.It is therefore ORDERED that 4 Order to Show Cause is MADE ABSOLUTE, and 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED.Within one week of this Order, the respondent must provide the petitioner with a bond hearing before an immigration judge or else release the petitioner.The respondent must provide the petitioner no less than three business days' notice in advance of any bond hearing.The respondent 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 10/08/2026. Text Only Entry. 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. (agryan) (Entered: 10/08/2026)
Oct 08, 2026
Order
#11
Oct 20, 2026
STATUS REPORT by Respondent Juan Baltazar. (Attachments: # 1 Exhibit)(Scarpato, Victor) (Entered: 10/20/2026)
Main Document:
STATUS
#12
Oct 20, 2026
ORDER re: 11 Status Report filed by Respondent. 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 11/3/2026 explaining any reasons why this case should not be closed. SO ORDERED by Judge Daniel D. Domenico on 10/20/2026. 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. (rkeec) (Entered: 10/20/2026)
Oct 20, 2026
Order
#13
Oct 23, 2026
Order
Main Document:
Order
Oct 23, 2026
Order
Oct 30, 2026
Order on Motion for Order
#16
Nov 03, 2026
STATUS REPORT re: Release and Re-Detention by Respondent Juan Baltazar. (Scarpato, Victor) (Entered: 11/03/2026)
Main Document:
STATUS
#17
Nov 03, 2026
ORDER re: 16 Status Report filed by Respondent. The respondent reports that "Petitioner was released from detention on October 30, 2026, and then was re-detained that same day, and "Respondent will not be submitting a brief that argues that the current detention is lawful." Accordingly, it is ORDERED that: The respondent must release Petitioner Carlos Enrique Hurtado-Hernandez from detention no later than 11/4/2026, and file a status report by 11/5/2026 confirming he has been released; and Pursuant to Federal Rule of Civil Procedure 65, the respondent and his 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. 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 (ggill, ) (Entered: 11/03/2026)
#18
Nov 03, 2026
EMERGENCY MOTION to Enforce October 30, 2026 Release Order, for Immediate Effective Release, and for Expedited Response by Petitioner Carlos Enrique Hurtado-Hernandez. (ggill, ) (Entered: 11/04/2026)
Main Document:
Enforce AND Expedite
Nov 03, 2026
Order
#19
Nov 05, 2026
STATUS REPORT re: Release by Respondent Juan Baltazar. (Scarpato, Victor) (Entered: 11/05/2026)
Main Document:
STATUS
#20
Nov 05, 2026
ORDER re: 19 Status Report filed by Respondent.The respondent reports that the petitioner was released from immigration detention on 11/4/2026 and remains out of custody.Accordingly, it is ORDERED that: 18 Emergency Motion to Enforce October 30, 2026 Release Order, for Immediate Effective Release, and for Expedited Response is DENIED AS MOOT; andThe Clerk of Court is DIRECTED to enter final judgment in favor of the petitioner pursuant to 9 Order Granting 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241; 15 Order Granting 13 Petitioner's Response to Respondent's Status Report, Objection to Case Closure, and Request for Immediate Release; and 17 Order re: 16 Status Report.SO ORDERED by Judge Daniel D. Domenico on 11/5/2026. 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. (rkeec) (Entered: 11/05/2026)
#21
Nov 05, 2026
FINAL JUDGMENT by Clerk in favor of Carlos Enrique Hurtado-Hernandez against Juan Baltazar entered by Judge Daniel D. Domenico on 11/5/2026. 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. (rkeec) (Entered: 11/05/2026)
#22
Nov 05, 2026
FINAL JUDGMENT by Clerk in favor of Carlos Enrique Hurtado-Hernandez against Juan Baltazar entered by Judge Daniel D. Domenico on 11/5/2026. 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. (rkeec) (Entered: 11/05/2026)
Main Document:
Judgment - Clerk
Nov 05, 2026
Judgment - Clerk
Nov 05, 2026
Order on Motion to Enforce AND Order on Motion to Expedite