District of Colorado • 1:26-cv-05102

#1

Oct 08, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11349420)Attorney William James O'Donnell, III added to party Gaby Prenice(pty:pet), filed by Gaby Prenice. (Attachments: # 1 Exhibit DHS Form I213, # 2 Exhibit Petitioners Proof of Status, # 3 Exhibit Character letters, # 4 Exhibit IJ Decision)(O'Donnell, William) (Entered: 10/08/2026)

#2

Oct 08, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (eguth, ) (Entered: 10/09/2026)

#3

Oct 13, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Gaby Prenice, 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 19, 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 10/13/2026. Text Only Entry (skclc1) (Entered: 10/13/2026)

#4

Oct 13, 2026

WITHDRAWN AMENDED ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Gaby Prenice, it is ORDERED that pursuant to the "Memorandum of Agreement Regarding Procedures in Habeas Corpus Petitioners Challenging Immigration Detention under 28 U.S.C. § 2241" (MOA), the Clerk's Office shall provide a copy of the Petition and this Order by email to the United States Attorney's Office (USAO) for the District of Colorado. The USAO shall, thereafter, promptly enter its appearance. Based upon a preliminary review of the Petition, it appears to be well-founded. Consequently, within seven days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted. Pursuant to the MOA, if the respondents do not file a response to the Petition and Court Order by that deadline, IT IS ORDERED that Petitioner shall be released from custody no later than 24 hours after the response deadline, and the respondents shall file, no later than seven days after the response deadline, a status report informing the Court that Petitioner has been released.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 10/13/2026. Response to Petition due by 10/20/2026. Text Only Entry (skclc1) Modified to withdraw on 10/14/2026 (jrobe, ). (Entered: 10/13/2026)

#5

Oct 13, 2026

ORDER WITHDRAWING 4 Order to Serve United States Attorney's Office. The Court's Amended Order was entered in error. The Original Order 3 shall govern service and response deadlines in this case. By Judge S. Kato Crews on 10/13/2026. Text Only Entry (skclc1) (Entered: 10/13/2026)

Oct 13, 2026

Serve USAO - Immigration Habeas

Oct 13, 2026

Order

#6

Oct 15, 2026

CERTIFICATE of Mailing/Service both Certified and Email by Petitioner Gaby Prenice. (Attachments: # 1 Exhibit Email and Certified Mailing Proof of Deliver)(O'Donnell, William) (Entered: 10/15/2026)

#7

Oct 20, 2026

RESPONSE to 3 Order,,,, by Respondents Juan Baltasar, Todd Blanche, Robert Hagan, Markwayne MullinAttorney Julia M. Prochazka added to party Juan Baltasar(pty:res), Attorney Julia M. Prochazka added to party Todd Blanche(pty:res), Attorney Julia M. Prochazka added to party Robert Hagan(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res). (Prochazka, Julia) (Entered: 10/20/2026)

#8

Oct 20, 2026

ORDER: Before the Court is Petitioner's Application for Writ of Habeas Corpus. Dkt. 1 . In their Response, Respondents states that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 7, p.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). Accordingly, Petitioner's Amended Application for Writ of Habeas Corpus is GRANTED.In addition, Respondents states that appropriate relief in this matter would be to order Petitioner's release, and the Court agrees. Therefore, Respondent SHALL immediately release Petitioner under reasonable conditions to be set by DHS and SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 10/20/2026. Text Only Entry (skclc1) (Entered: 10/20/2026)

Oct 20, 2026

Order

#11

Oct 26, 2026

Judgment

Oct 26, 2026

Order