District of Colorado • 1:26-cv-05248

Castorena-Guerrero v. Baltasar

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Case Information

Filed: October 15, 2026
Assigned to: William Joseph Martinez
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 15, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11363524)Attorney Cristina Uribe Reyes added to party Merced Castorena-Guerrero(pty:pet), filed by Merced Castorena-Guerrero. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-C)(Uribe Reyes, Cristina) (Entered: 10/15/2026)
Main Document: First
#2
Oct 15, 2026
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) (Entered: 10/15/2026)
#3
Oct 16, 2026
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 10/16/2026. Text Only Entry (wjmja, ) (Entered: 10/16/2026)
#4
Oct 16, 2026
Serve USAO - Immigration Habeas
Main Document: Serve USAO - Immigration Habeas
Oct 16, 2026
Order
#10
Oct 27, 2026
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: 1. The Court's Order to Show Cause (ECF No. 4 ) is MADE ABSOLUTE and Castorena-Guerrero's Petition (ECF No. 1 ) is GRANTED; 2. The Court GRANTS this relief to Castorena-Guerrero pursuant to Count One of the Petition and does not reach the merits of Count Two; 3. By no later than this Thursday, October 29, 2026, Respondents shall IMMEDIATELY RELEASE Castorena-Guerrero on his own recognizance, along with all his personal belongings, and they shall facilitate his transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 4. No onerous conditions of release shall be unilaterally im posed by Respondents on Castorena-Guerrero, including without limitation mandating that he wear GPS monitoring, submit to mandatory reporting, or have his movements otherwise restricted; 5. Respondents are ENJOINED from re-arresting or re-detaining C astorena-Guerrero 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 Castorena-Guerrero 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 t his Order; 6. Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Castorena-Guerrero from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 7. Should Castorena-Guerrero believe he has a good faith basis to seek attorney's fees pursuant to the Equal Access to Justice Act, he is GRANTED leave to file a motion seeking the same, along with all supporting documentation, by n o later than November 24, 2026. Respondents shall file a response by no later than December 15, 2026, and Castorena-Guerrero shall file a reply by no later than December 29, 2026; and 8. Judgment shall enter in Castorena-Guerrero's favor and against Respondents on November 10, 2026, UNLESS prior thereto the Court is informed that Respondents have failed to fully and timely comply with the terms of this Order. SO ORDERED by Judge William J. Martinez on 10/27/2026. (jrobe, )
Main Document: Order