District of Colorado • 1:26-cv-04995

#1

Oct 06, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (verified) (Filing fee $ 5, Receipt Number ACODC-11339985)Attorney Scott Brian Petiya added to party Veronica Eduviges Espinoza Cortez(pty:pet), filed by Veronica Eduviges Espinoza Cortez. (Attachments: # 1 Exhibit 1-3, # 2 Civil Cover Sheet)(Petiya, Scott) (Entered: 10/06/2026)

#2

Oct 06, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) (Entered: 10/06/2026)

#3

Oct 07, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Veronica Eduviges Espinoza Cortez, 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 registered or certified mail, on or before October 14, 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.SO ORDERED by Judge S. Kato Crews on 10/7/2026. Text Only Entry (skclc4) (Entered: 10/07/2026)

Oct 07, 2026

Order

#4

Oct 13, 2026

AFFIDAVIT/RETURN of Service of Petition, Civil Cover Sheet, Exhibits, Order to Show Cause upon Juan Baltazar, George Valdez, David J. Venturella, Markwayne Mullin, Todd Blanche, US Attorney for District of Colorado on 10/13/2026, filed by Petitioner Veronica Eduviges Espinoza Cortez (Attachments: # 1 Exhibit 1-3)(Petiya, Scott) (Entered: 10/13/2026)

#5

Oct 13, 2026

AFFIDAVIT/RETURN of Service (amended) of Petition, Civil Cover Sheet, Exhibits, Order to Show Cause upon Juan Baltazar, George Valdez, David J. Venturella, Markwayne Mullin, Todd Blanche, US Attorney for District of Colorado on 10/13/2026, filed by Petitioner Veronica Eduviges Espinoza Cortez (Attachments: # 1 Exhibit 1-3)(Petiya, Scott) (Entered: 10/13/2026)

#6

Oct 19, 2026

RESPONSE to 3 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Todd Blanche(pty:res), Attorney Jane Bobet Rejko added to party Markwayne Mullin(pty:res), Attorney Jane Bobet Rejko added to party George Valdez(pty:res), Attorney Jane Bobet Rejko added to party David J. Venturella(pty:res). (Bobet Rejko, Jane) (Entered: 10/19/2026)

#7

Oct 19, 2026

REPLY to 6 Response, by Petitioner Veronica Eduviges Espinoza Cortez. (Petiya, Scott) (Entered: 10/19/2026)

#8

Oct 21, 2026

ORDER Before the Court is Petitioner Veronice Eduviges Espinoza Cortez's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 6, pp. 1-2. 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 Courts in this District have granted petitions where the petitioner was arrested without a warrant. See Quezada-Estrada v. Lyons, No. 26-cv-01599, 2026 WL 1361880, at *6 (D. Colo. May 15, 2026). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED.Furthermore, because Respondents have offered no lawful bases for his detention, particularly considering Petitioner's due process and warrantless arrest arguments, the Court concludes Petitioner is entitled to immediate release. Id.; see also Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026). Therefore, Respondents SHALL immediately release Petitioner and SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 10/21/2026. Text Only Entry (skclc4) (Entered: 10/21/2026)

Oct 21, 2026

Order

#9

Oct 26, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Bobet Rejko, Jane) (Entered: 10/26/2026)

#10

Oct 28, 2026

ORDER re: 9 Status Report filed by Respondents. In light of Respondents' certification of compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. IT IS FURTHER ORDERED the Court's previous Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 10/28/2026. Text Only Entry (skclc4) (Entered: 10/28/2026)

Oct 28, 2026

Order

#11

Nov 02, 2026

Judgment