District of Colorado • 1:26-cv-05341

Infantes v. Baltazar

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Case Information

Filed: October 19, 2026
Assigned to: Charlotte N. Sweeney
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
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Last Activity: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 19, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC § 2241 (Filing fee $ 5, Receipt Number 120098), filed by Juan Infantes.(alxu, ) (# 1 Receipt) (alxu, ). Modified to include Filing Fee Receipt on 10/22/2026 (alxu, ). (Entered: 10/22/2026)
Main Document: APPLICATION
#2
Oct 19, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (alxu, ) (Entered: 10/22/2026)
#3
Oct 23, 2026
ORDER DRAWING CASE. After review under D.C.COLO.LCivR 8.1, 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. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings shall be designated to 26-cv-05341-CNS). By Magistrate Judge Richard T. Gurley on 10/23/2026. 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. (ggill, ) (Entered: 10/23/2026)
Main Document: Order Reassigning Case
#4
Oct 26, 2026
ORDER: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. ECF No. 1. 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 November 2, 2026), Respondent shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243. Unless otherwise ordered by the Court, if Respondent does not file a response to the Petition and Court Order by this deadline, Petitioner shall be released from custody no later than 24 hours after the response deadline, and Respondent 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) Respondent 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 Charlotte N. Sweeney on 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 (cnsja, ) (Entered: 10/26/2026)
#5
Oct 26, 2026
CERTIFICATE of Service by Clerk of Court re 4 Order to Serve United States Attorney's Office, 1 Application for Writ of Habeas Corpus emailed as ordered to USACO.Servlmm2241@usdoj.gov. Text Only Entry (sphil, ) (Entered: 10/26/2026)
Oct 26, 2026
Serve USAO - Immigration Habeas
#6
Nov 02, 2026
NOTICE of Entry of Appearance by Alicia Megan Walker on behalf of Juan BaltazarAttorney Alicia Megan Walker added to party Juan Baltazar(pty:res) (Walker, Alicia) (Entered: 11/02/2026)
Main Document: NOTICE
#7
Nov 05, 2026
ORDER: On October 26, 2026, the Court ordered Respondent in this case to show cause as to why Petitioner Juan Infantes's habeas petition should not be granted. ECF No. 4. The response was due on or before November 2, 2026. Id. To date, Respondent has not filed a response to the Court's order. However, in Quintero Alvarez v. Baltazar, et al., Case No. 26-cv-4891, Respondents represent that Petitioner Juan Infantes was released on November 3, 2026, but rearrested that same day, and now appears to have been re-released. Case No. 26-cv-4891, ECF No. 14 at 2. In light of this representation in Quintero Alvarez, Case No. 26-cv-4891, ECF No. 14 at 2, Respondent is ORDERED to provide a status update regarding Petitioner on or before November 6, 2026, at 12:00 p.m. Such a status update SHALL EXPLAIN when and why Respondent re-arrested Petitioner following his initial release on November 3, 2026, despite the Court's prior order, and when Petitioner was subsequently released. ECF No. 4. Such update shall include the date and time of release. The Court observes that while the Court in this case previously ordered Respondent to file a status update "informing the Court that Petitioner has been released," ECF No. 4, by November 9, 2026, the Court VACATES that deadline in light of the representations contained in Respondents' status update in Quintero Alvarez, Case No. 26-cv-4891, ECF No. 14 at 2. As indicated above, Respondent now SHALL FILE a status update providing the information set forth above on or before November 6, 2026, at 12:00 p.m. Respondents are ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that Petitioner's physical custody is legally justified. By Judge Charlotte N. Sweeney on 11/5/2026. 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 (cnsja, ) (Entered: 11/05/2026)
Nov 05, 2026
Order
#8
Nov 06, 2026
STATUS REPORT by Respondent Juan Baltazar. (Walker, Alicia) (Entered: 11/06/2026)
Main Document: STATUS