Active
Case Information
Filed: February 09, 2026
Assigned to:
Daniel Desmond Domenico
Referred to:
Kathryn A. Starnella
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
June 23, 2026
Parties:
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Docket Entries
#1
Feb 10, 2026
Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (dhern, ) (Entered: 02/10/2026)
#2
Feb 10, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10813460)Attorney Leanne Reetz Hightower added to party Carlos Ivan Tafoya Barrios(pty:pet), filed by Carlos Ivan Tafoya Barrios. (Attachments: # 1 Exhibit DHS Notice to Appear and Warrant for Arrest, # 2 Exhibit DHS Form I-213, # 3 Civil Cover Sheet)(Hightower, Leanne) (Entered: 02/10/2026)
#4
Feb 10, 2026
Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) (Entered: 02/11/2026)
#5
Feb 10, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 02/11/2026)
Main Document:
Magistrate
#6
Feb 11, 2026
ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 2 Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within two weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The respondents must also respond to 3 Motion for Temporary Restraining Order and/or Preliminary Injunction by the same date. The petitioner may file a reply within one week of service of the response(s).The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the respondents' response(s) and the petitioner's reply, if any, the Court will determine whether to (a) hold a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination.SO ORDERED by Judge Daniel D. Domenico on 2/11/2026. Text Only Entry (dddlc1, ) (Entered: 02/11/2026)
#7
Feb 11, 2026
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 2/11/2026. Text Only Entry (dddlc1, ) (Entered: 02/11/2026)
Feb 11, 2026
Order to Show Cause
Feb 11, 2026
Order Referring Case to Magistrate Judge
#8
Mar 06, 2026
AFFIDAVIT/RETURN of Service of Petition and TRO upon Respondents Juan Baltasar, Todd Lyons, Kristi Noem, Pam Bondi on 02/12/2026, filed by Petitioner Carlos Ivan Tafoya Barrios (Attachments: # 1 Exhibit Ex. 1 - USPS Label for Respondent Pam Bondi, # 2 Exhibit Ex. 2 - USPS Label for Respondent Juan Baltasar, # 3 Exhibit Ex. 3 - USPS Label for Respondent Todd Lyons, # 4 Exhibit Ex. 4 - USPS Label for Respondent Kristi Noem)(Hightower, Leanne) (Entered: 03/06/2026)
Main Document:
AFFIDAVIT/RETURN
#9
Apr 30, 2026
ORDER re: Service of Process. On 3/6/2026, the petitioner filed 8 Certificate of Service reflecting that copies of 2 Petition for Writ of Habeas Corpus were sent to the respondents via USPS Priority Mail. The petitioner was directed to serve the respondents "pursuant to Federal Rule of Civil Procedure 4." Doc. 6 . Priority mail is not a permissible way to serve a federal agency or a federal employee sued in an official capacity under Rule 4. See Fed. R. Civ. P. 4(i)(1)-(2) (requiring "registered or certified mail"); Zavala v. Jaddou, No. CV 22-1180 FMO (GJSx), 2023 WL 2731696, at *1 (C.D. Cal. Jan. 17, 2023) (plaintiff's attempts to serve defendants by USPS Priority Mail Express instead of registered or certified mail as required by Rule 4(i) were insufficient). And the Government cannot waive service of process. Constien v. United States, 628 F.3d 1207, 1213 (10th Cir. 2010). The petitioner must properly serve the respondents on or before 5/11/2026. See Fed. R. Civ. P. 4(m) (if defendants are not served within ninety days of filing complaint, court may dismiss action without prejudice unless plaintiff shows good cause for the failure).SO ORDERED by Chief Judge Daniel D. Domenico on 04/30/2026. Text Only Entry. (jrobe, ) (Entered: 04/30/2026)
Apr 30, 2026
Order
#10
May 29, 2026
NOTICE of Entry of Appearance Substitution of Counsel by Ginger V. Geissinger on behalf of Carlos Ivan Tafoya BarriosAttorney Ginger V. Geissinger added to party Carlos Ivan Tafoya Barrios(pty:pet) (Geissinger, Ginger) (Entered: 05/29/2026)
Main Document:
NOTICE
#11
Jun 01, 2026
Minute Order
Main Document:
Minute Order
#12
Jun 05, 2026
ORDER TO SHOW CAUSE.On 2/11/2026, I ordered the petitioner to "serve the respondents with 2 Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4" and "promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1)." Doc. 6. On 3/6/2026, the petitioner filed 8 Certificate of Service reflecting that copies of the petition were sent to the respondents via USPS Priority Mail. On 4/30/2026, I instructed the petitioner that priority mail is not a permissible way to serve a federal agency or a federal employee sued in an official capacity, and I ordered the petitioner to "properly serve the respondents on or before 5/11/2026," noting that a court may dismiss an action without prejudice if the defendant is not served within ninety days after the complaint is filed. Doc. 9 (citing Fed. R. Civ. P. 4(m)).The petitioner has not filed any proof that the respondents were properly served on or before 5/11/2026 as previously ordered. Accordingly, Petitioner Carlos Ivan Tafoya Barrios must SHOW CAUSE by 6/18/2026 why this case should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve and pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or to comply with a court order.SO ORDERED by Chief Judge Daniel D. Domenico on 06/05/2026. Text Only Entry. (agryan) (Entered: 06/05/2026)
Jun 05, 2026
Order to Show Cause
#13
Jun 09, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
#14
Jun 23, 2026
ORDER DISMISSING CASE. 13 Motion to Withdraw is GRANTED. The Clerk of Court is instructed to terminate attorney Leanne Reetz Hightower as counsel of record, and to remove this name from the electronic certificate of mailing. The petitioner will continue to be represented by attorney Ginger V. Geissinger.The petitioner has not filed any response to my Order to Show Cause why this case should not be dismissed, Doc. 12. His former counsel states that "[u]pon information and belief, Petitioner was released from the GEO Aurora ICE Processing Center and remains out of custody, thereby causing this action to be moot." Doc. 13 at 2.Accordingly, the Order to Show Cause why the application for a writ of habeas corpus should not be granted, Doc. 6, is DISCHARGED, and the Order to Show Cause why this case should not be dismissed, Doc. 12, is MADE ABSOLUTE. 2 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE as moot, for failure to serve, and for failure to prosecute or to comply with a court order. See Fed. R. Civ. P. 4(m), 41(b); Local Civ. R. 41.1. 3 Petitioner's Motion for Temporary Restraining Order and/or Preliminary Injunction is DENIED AS MOOT.The Clerk of Court is directed to close this case.SO ORDERED by Chief Judge Daniel D. Domenico on 06/23/2026. Text Only Entry.(agryan) (Entered: 06/23/2026)
#15
Jun 23, 2026
Judgment
Main Document:
Judgment
Jun 23, 2026
Order on Motion for Preliminary Injunction AND Order on Motion to Withdraw as Attorney
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