District of Colorado • 1:26-cv-04817

Kuzmenko v. Baltazar

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Case Information

Filed: September 28, 2026
Assigned to: Regina M. Rodriguez
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: October 19, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11320149)Attorney Joseph Francis Rosales, III added to party Alina Kuzmenko(pty:pet), filed by Alina Kuzmenko. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Rosales, Joseph) (Entered: 09/28/2026)
Main Document: First
#2
Sep 28, 2026
Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) (Entered: 09/29/2026)
#3
Sep 29, 2026
ORDER. Upon review of the 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, Petitioner shall SERVE Respondents pursuant to Fed. R. Civ. P. 4 on or before 10/1/2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Petitioner shall also provide notice to the United States Attorney's Office by email promptly upon notice of this Order and shall include a copy of the Petition and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, Respondents shall SHOW CAUSE why the Petition should not be granted. SO ORDEREDPursuant to the All Writs Act, 28 U.S.C. § 1651(a) and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Judge Regina M. Rodriguez on 9/29/2026. Text Only Entry (rmrja) (Entered: 09/29/2026)
Sep 29, 2026
Order
#4
Sep 30, 2026
Exhibits in Support by Petitioner Alina Kuzmenko. (Rosales, Joseph) (Entered: 09/30/2026)
Main Document: Exhibits
#5
Oct 07, 2026
RESPONSE to 3 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. 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 George Valdez(pty:res), Attorney Victor William Scarpato, III added to party David J. Venturella(pty:res). (Scarpato, Victor) (Entered: 10/07/2026)
Main Document: RESPONSE
#6
Oct 07, 2026
ORDER. 1. The Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) is GRANTED; 2. Respondents shall IMMEDIATELY RELEASE Petitioner on her own recognizance, along with all her personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on her movement. Respondents shall facilitate Petitioner's transportation from the detention facility by providing all necessary identity and travel documents to return to her primary address; 3. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre- deprivation bond hearing before a neutral decisionmaker, that she is a flight risk or danger to the community such that her physical custody is legally justified pursuant to 8 U.S.C § 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 4. During such periods of time as Petitioner remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 5. On or before October 14, 2026, Respondents shall file a status report certifying compliance with this Order. SO ORDERED by Chief Judge Regina M. Rodriguez on 10/7/2026. (ccuen, ) (Entered: 10/07/2026)
Main Document: Order
#7
Oct 09, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Scarpato, Victor) (Entered: 10/09/2026)
Main Document: STATUS
#8
Oct 19, 2026
Judgment
Main Document: Judgment