District of Colorado • 1:26-cv-04930

#1

Oct 02, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11334917)Attorney Joseph Francis Rosales, III added to party KATHERINE ORTIZ GARCIA (pty:pet), filed by KATHERINE ORTIZ GARCIA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits)(Rosales, Joseph) (Entered: 10/02/2026)

#2

Oct 02, 2026

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (eguth, ) (Entered: 10/05/2026)

#3

Oct 06, 2026

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 10/6/2026. Text Only Entry (wjmja, ) (Entered: 10/06/2026)

#4

Oct 06, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE it is ORDERED that Petitioner shall serve Respondents with a copy of the Petition, and all accompanying papers, along with a copy of this Order, by electronic mail on or before tomorrow, October 7, 2026. Petitioner shall forthwith file proof of such service on the docket, and counsel for Respondents shall forthwith thereafter enter their notices of appearance. The Court further ORDERS Respondents to Show Cause why the Petition should not be granted by no later than October 15, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, and in order to preserve this Court's jurisdiction, Respondents are hereby ENJOINED from removing, transferring, or causing to remove or transfer, Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. SO ORDERED by Judge William J. Martinez on 10/06/2026. (jrobe, ) (Entered: 10/06/2026)

Oct 06, 2026

Order

#5

Oct 08, 2026

Exhibits in Support by Petitioner Katherine Ortiz Garcia. (Rosales, Joseph) (Entered: 10/08/2026)

#6

Oct 15, 2026

NOTICE of Entry of Appearance by Erika A. Kelley on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Todd Blanche(pty:res), Attorney Erika A. Kelley added to party Markwayne Mullin(pty:res), Attorney Erika A. Kelley added to party George Valdez(pty:res), Attorney Erika A. Kelley added to party David J. Venturella(pty:res) (Kelley, Erika) (Entered: 10/15/2026)

#7

Oct 15, 2026

RESPONSE to 4 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Kelley, Erika) (Entered: 10/15/2026)

#8

Oct 16, 2026

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: 1. The Court's Order to Show Cause (ECF No. 4 ) is MADE ABSOLUTE and Ortiz Garcia's Petition (ECF No. 1 ) is GRANTED; 2. The Court GRANTS this relief to Ortiz Garcia pursuant to Count One of the Petition. The Court does not reach the merits of Counts Two, Three, or Four; 3. By no later than this Sunday, October 18, 2026, Respondents shall IMMEDIATELY RELEASE Ortiz Garcia on Petitioner's own recognizance, along with all Ortiz Garcia's personal belongings, subject only to the conditions of Ortiz Garcia's pre-existing conditional parole. No additional conditions of release shall be imposed on Ortiz Garcia by Respondents. Respondents shall further facilitate Ortiz Garcia's transportation from the detention facility by providing all necessary identity and travel documents to return to Ortiz Garcia's primary address, 4. Respondents are ENJOINED from re-arresting or re-detaining Ortiz Garcia unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that Ortiz Garcia is a flight risk or danger to the community such that Ortiz Garcia's physical custody is legally justified. At any such bond hearing, Respondents shall bear the burden of proof, and Ortiz Garcia 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; 5. Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Ortiz Garcia from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 6. Should Ortiz Garcia believe Ortiz Garcia has a good faith basis to seek attorney's fees pursuant to the Equal Access to Justice Act, Ortiz Garcia is GRANTED leave to file a motion seeking the same, along with all supporting documentation, by no later than November 13, 2026. Respondents shall file a response by no later than December 4, 2026, and Ortiz Garcia shall file a reply by no later than December 19, 2026; and 7. Judgment shall enter in Ortiz Garcia's favor and against Respondents on October 30, 2026, UNLESS prior thereto the Court is informed that Respondents have failed to fully and timely comply with the terms of this Order. SO ORDERED by Judge William J. Martinez on 10/16/2026. (jrobe, ) (Entered: 10/16/2026)

#9

Oct 30, 2026

Judgment - Clerk