District of Colorado • 1:26-cv-04777

C.-H. v. Baltazar

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Case Information

Filed: September 28, 2026
Assigned to: Shane Kato Crews
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11317492)Attorney James D. Jenkins added to party K. P. C.-H.(pty:pet), filed by K. P. C.-H.. (Attachments: # 1 Exhibit Order Denying Bond, # 2 Exhibit Declaration of Bryan Rojas-Arauz, Ph.D., # 3 Exhibit IJ's Decision Granting DCAT, # 4 Civil Cover Sheet)(Jenkins, James) (Entered: 09/28/2026)
Main Document: APPLICATION
#2
Sep 28, 2026
MOTION for Leave to Proceed Under Pseudonym by Petitioner K. P. C.-H.. (Jenkins, James) (Entered: 09/28/2026)
Main Document: Leave
#3
Sep 28, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) (Entered: 09/28/2026)
#4
Oct 01, 2026
ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by K.P.C.-H., 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 October 8, 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.In addition, the Court has reviewed Petitioner's 2 Motion for Leave to Proceed Under a Pseudonym and, after considering the applicable legal authority, concludes that "anonymity is warranted" and Petitioner is permitted to proceed under his initials. D.B.U. v. Trump, No. 1:25-cv-01163-CNS, 2025 WL 1101149, at *1 (D. Colo. Apr. 14, 2025). Counsel for Petitioner SHALL disclose his identity to Respondents upon the effectuation of service.By Judge S. Kato Crews on 10/1/2026. Text Only Entry (skclc4) (Entered: 10/01/2026)
#5
Oct 01, 2026
CERTIFICATE of Mailing/Service re 4 Order on Motion for Leave,,,,,, 1 Application for Writ of Habeas Corpus, by Petitioner K. P. C.-H.. (Attachments: # 1 Exhibit Certified mail receipts / tracking numbers)(Jenkins, James) (Entered: 10/01/2026)
Main Document: CERTIFICATE
Oct 01, 2026
Order on Motion for Leave
#6
Oct 06, 2026
MOTION for Order to Deem Service Accomplished by Petitioner K. P. C.-H.. (Attachments: # 1 Exhibit Email from U.S. Attorney's Office)(Jenkins, James) (Entered: 10/06/2026)
Main Document: Order
#7
Oct 07, 2026
Partial MOTION to Strike 6 MOTION for Order to Deem Service Accomplished (Motion to Strike Exhibit Filed as ECF No. 6-1 and replace with redacted version) by Petitioner K. P. C.-H.. (Attachments: # 1 Exhibit Redacted Email from U.S. Attorney's Office)(Jenkins, James) (Entered: 10/07/2026)
Main Document: Strike
#8
Oct 07, 2026
ORDER granting 7 Motion to Strike or Seal in Part. The Court is unable to remove documents from the docket. The Court will restrict Dkt. 6 and the attachment, so it is viewable only by the Court and counsel. By Judge S. Kato Crews on 10/7/2026. Text Only Entry(skcja, ) (Entered: 10/07/2026)
#9
Oct 07, 2026
ORDER: Before the Court is Petitioner's 6 Motion for Order Deeming Service Accomplished. Petitioner served Respondents via USPS Priority Mail Express and email, however, Respondents refused to accept service because Petitioner did not serve Respondents via "overnight certified mail," as required by this Court. But it appears to the Court that Petitioner attempted in good faith to serve Respondents. And Respondents acknowledged service via email on October 6, 2026. Dkt. 6-1. Accordingly, the Motion is GRANTED and IT IS ORDERED that Respondents shall respond to the Petition and SHOW CAUSE why it should not be granted by October 9, 2026.By Judge S. Kato Crews on 10/7/2026. Text Only Entry (skclc4) (Entered: 10/07/2026)
Oct 07, 2026
Order on Motion to Strike
Oct 07, 2026
Order on Motion for Order
#10
Oct 09, 2026
Unopposed MOTION for Extension of Time to TO RESPOND TO THE PETITION FOR WRIT OF HABEAS CORPUS by Respondents Juan Baltazar, Markwayne Mullin, George Valdez. (Scarpato, Victor) (Entered: 10/09/2026)
Main Document: Extension of Time
#11
Oct 09, 2026
ORDER granting 10 Unopposed Motion for Extension of Time to File. Noting the Motion is unopposed, Respondents are granted an extension of up to and including October 16, 2026, to respond to the Petition. By Judge S. Kato Crews on 10/9/2026. Text Only Entry(skcja, ) (Entered: 10/09/2026)
Oct 09, 2026
Order on Motion for Extension of Time to File
#12
Oct 16, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus, 4 Order on Motion for Leave,,,,,, by Respondents Juan Baltazar, Markwayne Mullin, George Valdez. (Scarpato, Victor) (Entered: 10/16/2026)
Main Document: RESPONSE
#13
Oct 19, 2026
ORDER: Before the Court is Petitioner C.-H's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to show cause why the Petition should not be granted, and in their Response, Respondents state they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 12, p.1. 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 this Court has held the burden of proof at a bond hearing should be on the Government. See Guevara Garcia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026). Accordingly, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS ORDERED Respondents SHALL provide Petitioner with a bond hearing within SEVEN DAYS of the date of this Court's Order. At the hearing, Respondents shall bear the burden of proving flight risk by a preponderance of the evidence and dangerousness to any other person or to the community by clear and convincing evidence. Guevara Garcia, 2026 WL 835766, at *4. If a bond hearing does not occur within seven days, Respondents SHALL immediately release Petitioner from custody. Respondents shall file a status report within five days of the bond hearing to certify compliance with this Court's Order. By Judge S. Kato Crews on 10/19/2026. Text Only Entry (skclc4) (Entered: 10/19/2026)
Oct 19, 2026
Order
#16
Oct 28, 2026
Enforce Judgment
Main Document: Enforce Judgment
#19
Oct 28, 2026
Judgment
Main Document: Judgment
Oct 28, 2026
Order
#20
Oct 29, 2026
Reconsideration
Main Document: Reconsideration
#21
Nov 04, 2026
Leave to Restrict
Main Document: Leave to Restrict
Nov 04, 2026
Order on Motion for Leave to Restrict AND Order on Motion for Reconsideration