District of Colorado • 1:26-cv-05204

#1

Oct 13, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119972), filed by Dieucera Jacques. (Attachments: # 1 Envelope)(eguth, ) (Entered: 10/16/2026)

#2

Oct 13, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) (Entered: 10/16/2026)

#3

Oct 19, 2026

ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 10/19/2026. Case randomly reassigned to Judge John L. Kane and drawn to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated as 26-cv-05204-JLK.. 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. (sphil, ) (Entered: 10/20/2026)

#4

Oct 20, 2026

ORDER. THE CLERK'S OFFICE IS DIRECTED to provide a copy of the Petition and this Order by email to the United States Attorney's Office for the District of Colorado. RESPONDENTS ARE ORDERED TO SHOW CAUSE within seven days of the Notice to the United States Attorney's Office as to why the Petition should not be granted.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, by Judge John L. Kane on 10/20/2026. 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. (ccuen, ) (Entered: 10/20/2026)

#5

Oct 20, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 3 Order Drawing Case, 4 Order to Serve United States Attorney's Office emailed as ordered to USACO.ServImm2241@usdoj.gov. Text Only Entry (ccuen, ) (Entered: 10/20/2026)

#6

Oct 27, 2026

RESPONSE to 4 Order to Serve United States Attorney's Office,,, by Respondent Juan BaltazarAttorney Andrew M. Soler added to party Juan Baltazar(pty:res). (Soler, Andrew) (Entered: 10/27/2026)

#7

Oct 27, 2026

MINUTE ORDER: This matter comes before me on Petitioner Dieucera Jacques's Writ of Habeas Corpus, ECF No. 1, and Respondents' response to it, ECF No. 6 . In the response, Respondents state that they are "not submitting a brief in opposition to the Petition." Resp. to Pet. at 1. Respondents also submit "the appropriate relief would be an order directing Respondents... [to] release Petitioner from detention." Id. at 2. As Respondents chose not to submit "a brief in opposition" I treat Mr. Dieucera Jacques's allegations as true, namely that his arrest was effectuated without a warrant and does not fall under the exception of a warrantless arrest. Id. at 2; see Burlington N. R. Co. v. Huddleston, 94 F.3d 1413, 1415 (10th Cir. 1996) ("By failing to submit an answer or other pleading denying the factual allegations of Plaintiff's complaint, Defendant admitted those allegations, thus placing no further burden upon Plaintiff to prove his case factually").In light of these considerations, the Petitioner's allegations, and Respondents' Response, I GRANT Petitioner Dieucera Jacques's habeas application, ECF No. 1 .It is ORDERED that Respondents shall release Petitioner from custody immediately along with all his belongings by no later than within 24 hours of this Order and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to his recent detention. The parties SHALL FILE a joint status report within FIVE DAYS of this Order certifying compliance with this Order. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner Dieucera Jacquess is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. Santillan Quiroz, 180 F.4th at 1251 n.13; see also Sanchez-Barrientos v. Venturella, 26-cv-04027-JLK, by Judge John L. Kane on 10/27/2026. Text Only Entry 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. (ccuen, ) (Entered: 10/27/2026)

Oct 27, 2026

Order

#8

Nov 02, 2026

STATUS REPORT by Respondent Juan Baltazar. (Soler, Andrew) (Entered: 11/02/2026)