District of Colorado • 1:26-cv-00294

#1

Jan 24, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number CCODC-10781210)Attorney Jessica A. Dawgert added to party Javier Andres Garcia Cortes(pty:pet), filed by Javier Andres Garcia Cortes. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Civil Cover Sheet civil cover sheet)(Dawgert, Jessica) (Entered: 01/24/2026)

#2

Jan 25, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Petitioner Javier Andres Garcia Cortes. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 01/25/2026)

#3

Jan 25, 2026

BRIEF in Support of 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Petitioner Javier Andres Garcia Cortes. (Dawgert, Jessica) (Entered: 01/25/2026)

#4

Jan 25, 2026

MOTION to Amend/Correct/Modify 3 Brief in Support of Motion to include attached exhibit by Petitioner Javier Andres Garcia Cortes. (Attachments: # 1 Exhibit Exhibit 1)(Dawgert, Jessica) (Entered: 01/25/2026)

#5

Jan 26, 2026

Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) (Entered: 01/26/2026)

#6

Jan 26, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 01/26/2026)

#7

Jan 26, 2026

MINUTE ORDER: Before the Court is Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2441, ECF No. 1, and Petitioner's Motion for a Temporary Restraining Order and/or Preliminary Injunction, ECF No. 2 . In the Petition, Petitioner requests that the Court "grant... a writ of habeas corpus and order his release from immigration custody." ECF No. 1 at 2. In his motion, Petitioner asks that the Court enter "a temporary restraining order and/or a preliminary injunction precluding Respondents from further detaining him in violation of his Constitutional rights," for the reasons articulated in Petitioner's habeas petition. ECF No. 2 . Petitioner has also filed a Motion to Include Attached Exhibit, which attaches a document that Petitioner inadvertently failed to include with his motion. ECF No. 4 (citing ECF No. 4-1). Having reviewed the Petition and motions, Petitioner's Motion to Include Attached Exhibit, ECF No. 4, is GRANTED. Additionally, the Court ORDERS Petitioner to, no later than January 27, 2026, (1) serve Respondents with copies of the Petition, motions, and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and motion and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)). Further, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), 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. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 1/26/2026. Text Only Entry (cnsja, ) (Entered: 01/26/2026)

#8

Jan 26, 2026

ORDER granting 4 Motion Amend/Correct/Modify 3 Brief in Support of Motion to include attached exhibit. See ECF No. 7. By Judge Charlotte N. Sweeney on 1/26/2026. Text Only Entry(cnsja, ) (Entered: 01/26/2026)

Jan 26, 2026

Order on Motion to Amend/Correct/Modify

Jan 26, 2026

Minute Order

#9

Jan 27, 2026

NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Juan Baltazar, Robert Guadian, Kristi NoemAttorney Andrew M. Soler added to party Juan Baltazar(pty:res), Attorney Andrew M. Soler added to party Robert Guadian(pty:res), Attorney Andrew M. Soler added to party Kristi Noem(pty:res) (Soler, Andrew) (Entered: 01/27/2026)

#10

Jan 27, 2026

CONSENT to Jurisdiction of Magistrate Judge by Petitioner Javier Andres Garcia Cortes All parties do not consent.. (Dawgert, Jessica) (Entered: 01/27/2026)

#11

Jan 30, 2026

RESPONSE to 7 Minute Order,,,,,,,,,, by Respondents Juan Baltazar, Robert Guadian, Kristi Noem. (Attachments: # 1 Exhibit 1 - Declaration of M. Kinsey, # 2 Exhibit Attachment 1 to Kinsey Decl.)(Soler, Andrew) (Entered: 01/30/2026)

#12

Feb 02, 2026

REPLY to Response to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Petitioner Javier Andres Garcia Cortes. (Dawgert, Jessica) (Entered: 02/02/2026)

#13

Feb 02, 2026

ORDER: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. Peition is ordered released from custody. Respondents shall not subject Petitioner to conditions of release that are inconsistent with the exact terms as se t by the Immigration Judge after the bond hearing, including the imposition of any and all GPS monitoring technology or devices. Any such monitoring technology or devices shall be removedfrom Petitioner immediately. Respondents shall file a status update certifyingcompliance with this Order within 24 hours. By Judge Charlotte N. Sweeney on 2/2/26. (jdyne, )

#14

Feb 03, 2026

NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of Juan Baltazar, Robert Guadian, Kristi NoemAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Robert Guadian(pty:res), Attorney Jane Bobet Rejko added to party Kristi Noem(pty:res) (Bobet Rejko, Jane) (Entered: 02/03/2026)

#15

Feb 03, 2026

STATUS REPORT by Respondents Juan Baltazar, Robert Guadian, Kristi Noem. (Bobet Rejko, Jane) (Entered: 02/03/2026)

#16

Feb 04, 2026

ORDER: Pursuant to ECF Nos. 13, 15, the Motion for Temporary Restraining Order and/or a Preliminary Injunction, ECF No. 2, is denied as moot. By Judge Charlotte N. Sweeney on 2/4/2026. Text Only Entry(cnsja, ) (Entered: 02/04/2026)

Feb 04, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

#17

Feb 06, 2026

Enforce

#18

Feb 06, 2026

Order on Motion to Enforce