Active
Case Information
Filed: October 23, 2026
Assigned to:
William Joseph Martinez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
November 05, 2026
Parties:
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Docket Entries
#1
Oct 23, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11386583)Attorney Jonathon Gregory Bell added to party Sergio Mauricio Rodriguez Alvarez(pty:pet), filed by Sergio Mauricio Rodriguez Alvarez. (Attachments: # 1 Exhibit Exhibit 1: NTA, # 2 Exhibit Exhibit 2: EOIR Adress)(Bell, Jonathon) (Entered: 10/23/2026)
Main Document:
APPLICATION
#2
Oct 23, 2026
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) (Entered: 10/23/2026)
#3
Oct 27, 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 10/27/2026. Text Only Entry (wjmja, ) (Entered: 10/27/2026)
#4
Oct 27, 2026
Serve USAO - Immigration Habeas
Main Document:
Serve USAO - Immigration Habeas
Oct 27, 2026
Order
#8
Nov 05, 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 Rodriguez Alvarez's Petition (ECF No. 1 ) is GRANTED on his single claim for relief; 2. By no later than tomorrow, November 6, 2026, Respondents shall IMMEDIATELY RELEASE Rodriguez Alvarez on his own recognizance, along with all his personal belongings, subject only to the conditions of his pre-existing conditional parole. No additional c onditions of release shall be imposed on Rodriguez Alvarez by Respondents. Respondents shall further facilitate Rodriguez Alvarez's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address, 3. Respondents are ENJOINED from re-arresting or re-detaining Rodriguez Alvarez 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 Rodriguez Alvarez shall be allowed to have counsel present. This injunction shall remain in effe ct until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 4. During such periods of time as Rodriguez Alvarez remains in Respondents' custody, they shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Rodriguez Alvarez from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order; 5. Should Rodriguez Alvarez believe he has a good faith basis to seek attorn ey'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 no later than December 3, 2026. Respondents shall file a response by no later than December 24, 2026, and Rodriguez Alvarez shall file a reply by no later than January 7, 2027; and 6. Judgment shall enter in Rodriguez Alvarez's favor and against Respondents on November 19, 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 11/05/2026. (jrobe, )
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