Active
Case Information
Filed: October 13, 2026
Assigned to:
Shane Kato Crews
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
November 03, 2026
Parties:
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Docket Entries
#1
Oct 13, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119947), filed by Edgardo Garcia Vargas. (Attachments: # 1 Envelope, # 2 Receipt) (jberr, ) (Entered: 10/14/2026)
Main Document:
APPLICATION
#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. (jberr, ) (Entered: 10/14/2026)
#3
Oct 16, 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, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 10/16/2026. Case randomly reassigned to Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 26-cv-05185-SKC. 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. (jrobe, ) (Entered: 10/16/2026)
#4
Oct 19, 2026
ORDER: This matter is before the Court on Petitioner's 1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the 1 Application and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, (on or before October 26, 2026), Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243. Unless otherwise ordered by the Court, if Respondents do not file a response to the Petition and Court Order by this deadline, IT IS ORDERED Petitioner shall be released from custody no later than 24 hours after the response deadline, and Respondents shall file, no later than seven days after the response deadline, a status report informing the Court that Petitioner has been released.Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), Respondents SHALL NOT REMOVE Petitioner from the District of Colorado 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 10/19/2026.Response to Petition due by 10/26/2026.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: 10/19/2026)
#5
Oct 19, 2026
CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 4 Order to Serve United States Attorney's Office, emailed to USACO.ServImm2241@usdoj.gov. Text Only Entry (ggill, ) (Entered: 10/19/2026)
Oct 19, 2026
Serve USAO - Immigration Habeas
#6
Oct 26, 2026
NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Juan Baltazar, Markwayne Mullin, David VenturellaAttorney Andrew M. Soler added to party Juan Baltazar(pty:res), Attorney Andrew M. Soler added to party Markwayne Mullin(pty:res), Attorney Andrew M. Soler added to party David Venturella(pty:res) (Soler, Andrew) (Entered: 10/26/2026)
Main Document:
NOTICE
#7
Nov 02, 2026
STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, David Venturella. (Kelley, Erika) (Entered: 11/02/2026)
Main Document:
STATUS
#8
Nov 03, 2026
ORDER re: 7 Status Report filed by David Venturella, Juan Baltazar, Markwayne Mullin. For the reasons stated herein, Petitioner shall be IMMEDIATELY RELEASED from custody. Respondents SHALL FILE a status report within THREE DAYS of this Order certifying Petitioner's release. IT IS FURTHER ORDERED given the continuing due process violation, Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner 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. SO ORDERED by Judge S. Kato Crews on 11/3/2026. 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 (skclc1) (Entered: 11/03/2026)
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