District of Colorado • 1:26-cv-04900

Gutierrez Herrera v. Baltazar

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Case Information

Filed: October 01, 2026
Assigned to: Nina Y. Wang
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: November 09, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 01, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119778), filed by Javier Gutierrez Herrera. (Attachments: # 1 Receipt)(dhern, ) (Entered: 10/02/2026)
Main Document: APPLICATION
#2
Oct 01, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 10/02/2026)
#3
Oct 05, 2026
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 10/5/2026. Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-04900-NYW. 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. (sphil, ) (Entered: 10/06/2026)
Main Document: Order Reassigning Case AND ~Util - Set/Clear Flags
#4
Oct 06, 2026
ORDER. Upon review of the Petition, the Clerk of Court is DIRECTED to serve Respondent with a copy of this Order and a copy of the Petition and attached exhibits, and to enter a Certificate of Service. Counsel for Respondent shall promptly enter their notices of appearance. Within seven days of service, Respondent shall SHOW CAUSE why the Petition shall not be granted. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondent SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondent's custody. This order does not preclude Respondent from removing Petitioner from the United States pursuant to a final order of removal. This order shall remain in effect unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. By Judge Nina Y. Wang on 10/6/2026. 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: 10/06/2026)
Main Document: Order
#5
Oct 06, 2026
CERTIFICATE of Service by Clerk of Court re 4 Order, 1 Application for Writ of Habeas Corpus for service of process. (Attachments: # 1 Certified Mail Receipt USAG, # 2 Certified Mail Receipt Baltazar) (ggill, ) (Entered: 10/06/2026)
Main Document: CERTIFICATE
#6
Oct 06, 2026
RETURN of Service upon for the United States Attorney's Office for the District of Colorado. (ggill, ) (Entered: 10/06/2026)
Main Document: RETURN
#7
Oct 13, 2026
RESPONSE to 4 Order,,,, by Respondent Juan BaltazarAttorney Erika A. Kelley added to party Juan Baltazar(pty:res). (Kelley, Erika) (Entered: 10/13/2026)
Main Document: RESPONSE
#8
Oct 13, 2026
RETURN of Service upon Juan Baltazar. (ggill, ) (Entered: 10/14/2026)
Main Document: RETURN
#9
Oct 22, 2026
Memorandum Opinion and ORDER. IT IS ORDERED that: (1) The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1 ] is GRANTED in part; (2) Within 48 hours of this Order, Respondent SHALL RELEASE Petitioner from custody; (3) On or before October 29, 2026, Respondent SHALL FILE a status report confirming that Petitioner was released; and (4) The Clerk of Court is DIRECTED to send a copy of this Order to the Petitioner at his address of his record. By Judge Nina Y. Wang on 10/22/2026. 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: 10/22/2026)
Main Document: Order
Nov 03, 2026
Minute Order
#17
Nov 09, 2026
Judgment
Main Document: Judgment
Nov 09, 2026
Minute Order