District of Colorado • 1:26-cv-01012

#1

Mar 12, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10876615)Attorney Claire Elizabeth Dixon added to party Emerson Adalberto Guevara Garcia (pty:dft), filed by Emerson Adalberto Guevara Garcia. (Attachments: # 1 Proposed Order (PDF Only) Proposed order to show cause, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit 2026 notice to appear, # 4 Exhibit 2014 Notice to appear, # 5 Exhibit Proof of filing form of relief, # 6 Exhibit IJ bond order, # 7 Exhibit I 213, # 8 Exhibit I 130 receipt, # 9 Exhibit sentencing order, # 10 Exhibit IJ order of termination, # 11 Exhibit 2014 verification of release)(Dixon, Claire) (Entered: 03/12/2026)

#2

Mar 12, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) (Entered: 03/12/2026)

#3

Mar 12, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 03/12/2026)

#4

Mar 12, 2026

ORDER Upon review of the Petition for Writ of Habeas Corpus 1, it is ORDERED that Petitioner shall SERVE Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, on or before March 17, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Based upon a preliminary review of the Petition, the facts of this case appear to be controlled by the Court's recent analysis in Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Aleman Hernandez in any material respect, and if so, shall specify the material differences.IT IS FURTHER ORDERED Pursuant to the All Writs Act, 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.SO ORDERED by Judge S. Kato Crews on 3/12/2026. Text Only Entry (skclc1) (Entered: 03/12/2026)

Mar 12, 2026

Order