District of Colorado • 1:26-cv-04885

#1

Oct 01, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11327950)Attorney Joseph Francis Rosales, III added to party Alvarado Pacheco(pty:pet), filed by Alvarado Pacheco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Rosales, Joseph) (Entered: 10/01/2026)

#2

Oct 01, 2026

Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jberr, ) (Entered: 10/01/2026)

#3

Oct 01, 2026

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 10/1/2026. Text Only Entry. (rkeec) (Entered: 10/01/2026)

#4

Oct 01, 2026

ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Verified Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within two weeks after service of the petition why the application for a writ of habeas corpus should not be granted. If the respondents do not file a substantive response explaining why the application should not be granted, I will order them to immediately release the petitioner from detention.The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 10/1/2026. Text Only Entry. (rkeec) (Entered: 10/01/2026)

Oct 01, 2026

Order Referring Case to Magistrate Judge

Oct 01, 2026

Order to Show Cause

#5

Oct 02, 2026

Exhibits in Support by Petitioner Fredy Pacheco Alvarado. (Rosales, Joseph) (Entered: 10/02/2026)

#6

Oct 18, 2026

First MOTION to Enforce 4 Order to Show Cause,,, by Petitioner Fredy Pacheco Alvarado. (Rosales, Joseph) (Entered: 10/18/2026)

#7

Oct 19, 2026

ORDER re: 6 Petitioner's Motion to Enforce.The petitioner contends that he served the respondents on 10/2/2026. Doc. 6 at 1. As proof of service, he has filed a certified mail tracking number for an envelope addressed to the U.S. Attorney's Office for the District of Colorado. Doc. 5 at 5. The U.S. Postal Service website indicates that envelope was delivered on 10/5/2026. U.S. Postal Serv., USPS Tracking, https://tools.usps.com/tracking/9589071052702593597759 (last visited Oct. 19, 2026). Most courts hold that service by certified mail pursuant to Rule 4(i) is effective upon receipt, not upon mailing. See Fuqua v. Turner, 996 F.3d 1140, 1155 (11th Cir. 2021); Gutierrez v. Principi, No. 01-1229 JP/RLP, 2002 WL 35649515, at *2 (D.N.M. Dec. 12, 2002) (citing Klein v. Williams, 144 F.R.D. 16, 19 (E.D.N.Y. 1992)); Rudder v. U.S. Govt, No. 5:22-CV-062-H-BQ, 2022 WL 18397636, at *5 n.4 (N.D. Tex. July 20, 2022) (collecting cases); cf. Chester v. Green, 120 F.3d 1091, 1091 (10th Cir. 1997) (certified mail receipts insufficient proof of service where there was no "receipt or acknowledgment showing actual delivery of the complaint"); but see Carter v. Kendall, No. 5:23-cv-00210-TES, 2024 WL 289332, at *5 (M.D. Ga. Jan. 25, 2024) (service not sufficient unless recipient actually receives the mail, but effective date of service is date of mailing). And the petitioner has not filed any proof of service on the individual defendants or the U.S. Attorney General as required by Rule 4(i)(1)-(2).The Clerk of Court is DIRECTED to provide notice of this case and a copy of 1 Verified Petition for Writ of Habeas Corpus and this Order by email to the United States Attorney's Office for the District of Colorado.The respondents must file their show-cause response and respond to 6 Petitioner's Motion to Enforce on or before 10/22/2026. If the respondents file a non-substantive response that does not explain why the application for a writ of habeas corpus should not be granted, the Court will order them to immediately release the petitioner from detention. If the respondents do not file any response by 10/22/2026, they must release the petitioner from detention no later than 10/23/2026, and they must file a status report by 10/30/2026 confirming the petitioner has been released.SO ORDERED by Judge Daniel D. Domenico on 10/19/2026. Text Only Entry (sphil, ) (Entered: 10/19/2026)

Oct 19, 2026

Serve USAO - Immigration Habeas

#8

Oct 20, 2026

CERTIFICATE of Service by Clerk of Court re [#7] Order to Serve United States Attorney's Office, 6 Motion to Enforce, 5 Exhibits to the Application, 1 Application for Writ of Habeas Corpus emailed as ordered to USACO.Servlmm2241@usdoj.gov. Text Only Entry (sphil, ) (Entered: 10/20/2026)

#9

Oct 23, 2026

NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party Todd Blanche(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party George Valdez(pty:res), Attorney Julia M. Prochazka added to party David J. Venturella(pty:res) (Prochazka, Julia) (Entered: 10/23/2026)

#10

Oct 30, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Prochazka, Julia) (Entered: 10/30/2026)

#11

Oct 30, 2026

ORDER re: 10 Status Report filed by Respondents.The respondents report that the petitioner was released from immigration detention on 10/23/2026.Accordingly, it is ORDERED that: 4 Order to Show Cause is DISCHARGED; 1 Verified Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and 6 Petitioner's Motion to Enforce is DENIED AS MOOT.The Clerk of Court is DIRECTED to close this case.SO ORDERED by Judge Daniel D. Domenico on 10/30/2026. Text Only Entry (sjeff, ) (Entered: 10/30/2026)

#12

Oct 30, 2026

FINAL JUDGMENT pursuant to Order (ECF No. 11). Entered by Clerk on 10/30/2026. (sjeff) (Entered: 10/30/2026)

Oct 30, 2026

Order