District of Colorado • 1:26-cv-05067

#1

Oct 08, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119908), filed by Raul Molliner Hernandez. (Attachments: # 1 Receipt) (jberr, ) (Entered: 10/09/2026)

#2

Oct 08, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 10/09/2026)

#3

Oct 12, 2026

ORDER Drawing Case. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, this case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated as 26-cv-05067-SKC, by Magistrate Judge Richard T. Gurley on 10/12/2026. 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. (agryan) (Entered: 10/13/2026)

#4

Oct 15, 2026

ORDER: Upon review of the 1 Application for Writ of Habeas Corpus filed by Raul Molliner Hernandez, it is ORDERED that the Clerk of Court shall serve Respondents. 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 10/15/2026. 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. Text Only Entry (skclc4) (Entered: 10/15/2026)

#5

Oct 15, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 4 Order emailed as ordered to USACO.ServImm2241@usdoj.gov. Text Only Entry. (jrobe, ) (Entered: 10/15/2026)

Oct 15, 2026

Order

#6

Oct 20, 2026

RESPONSE to 4 Order,,, by Respondents Juan Baltazar, Markwayne Mullin, David VenturellaAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party David Venturella(pty:res). (Prochazka, Julia) (Entered: 10/20/2026)

#7

Oct 21, 2026

ORDER: Before the Court is Petitioner'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, p.1. 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.In addition, Respondents state that appropriate relief in this matter would be to order Petitioner's release, and the Court agrees, especially considering Petitioner's due process and warrantless arrest arguments. Therefore, Respondents SHALL immediately release Petitioner and SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. By Judge S. Kato Crews on 10/21/2026. 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. Text Only Entry (skclc4) (Entered: 10/21/2026)

Oct 21, 2026

Order

#8

Oct 26, 2026

STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, David Venturella. (Prochazka, Julia) (Entered: 10/26/2026)

#9

Oct 28, 2026

ORDER re: 8 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. 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. Text Only Entry (skclc4) (Entered: 10/28/2026)

#10

Oct 28, 2026

Judgment

Oct 28, 2026

Order