District of Colorado • 1:26-cv-01047

Aguirre Hernandez v. Baltazar

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Case Information

Filed: March 13, 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: March 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 13, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10880362)Attorney Hans Christopher Meyer added to party Luz Aguirre Hernandez(pty:pet), filed by Luz Aguirre Hernandez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Meyer, Hans) (Entered: 03/13/2026)
Main Document: APPLICATION
#2
Mar 13, 2026
NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Luz Aguirre Hernandez (Meyer, Hans) (Entered: 03/13/2026)
Main Document: NOTICE
#3
Mar 13, 2026
NOTICE of Related Cases by Petitioner Luz Aguirre Hernandez (Meyer, Hans) (Entered: 03/13/2026)
Main Document: NOTICE
#4
Mar 13, 2026
MOTION for Temporary Restraining Order by Petitioner Luz Aguirre Hernandez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meyer, Hans) (Entered: 03/13/2026)
Main Document: Temporary Restraining Order
#5
Mar 13, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, 4 MOTION for Temporary Restraining Order, 3 Notice (Other), 2 Notice of Entry of Appearance filed by attorney Hans Meyer. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) (Entered: 03/13/2026)
#6
Mar 13, 2026
Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) (Entered: 03/13/2026)
#7
Mar 13, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 03/13/2026)
Main Document: Magistrate
#8
Mar 13, 2026
MINUTE ORDER: Before the Court is Petitioner Luz Aguirre Hernandezs Verified Petition for Writ of Habeas Corpus, ECF No. 1, and Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, ECF No. 4 . In the Petition, Petitioner requests that the Court [i]ssue a writ of habeas corpus directing Respondents to immediately release Petitioner or in the alternative, order him released on a bond of $5,000 that the IJ previously set. ECF No. 1 at 26. The motion requests similar relief. See ECF No. 4 at 2. Having reviewed the Petition and motion, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition, motion, 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, Intl Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 3/13/26. Text Only Entry (jdyne, ) (Entered: 03/13/2026)
Mar 13, 2026
Minute Order
#9
Mar 17, 2026
NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Luz Aguirre HernandezAttorney Conor Timothy Gleason added to party Luz Aguirre Hernandez(pty:pet) (Gleason, Conor) (Entered: 03/17/2026)
Main Document: NOTICE
#10
Mar 17, 2026
NOTICE of Proof of Service by Petitioner Luz Aguirre Hernandez (Attachments: # 1 Exhibit, # 2 Exhibit)(Gleason, Conor) (Entered: 03/17/2026)
Main Document: NOTICE
#11
Mar 17, 2026
NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, George ValdezAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Pam Bondi(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Kristi Noem(pty:res), Attorney Benjamin Henry Gibson added to party George Valdez(pty:dft) (Gibson, Benjamin) (Entered: 03/17/2026)
Main Document: NOTICE
#12
Mar 23, 2026
RESPONSE to 8 Minute Order,,,,,,,, by Respondents Juan Baltazar, Pam Bondi, Todd Lyons, Kristi Noem, Defendant George Valdez. (Attachments: # 1 Exhibit A - Arana-Hernandez Response)(Gibson, Benjamin) (Entered: 03/23/2026)
Main Document: RESPONSE
#13
Mar 23, 2026
MINUTE ORDER: Before the Court is Petitioner's habeas petition, ECF No. 1, motion for temporary restraining order, ECF No. 4, and Respondents' response to both, ECF No. 12 . As Respondents acknowledge, the issues this case presents are "not materially different from the issues this Court has resolved in a prior case." ECF No. 12 at 2 (citing Arana-Hernandez v. Baltasar, No. 1:26-cv-00725-CNS, 2026 WL 696642 (D. Colo. Mar. 12, 2026)). Indeed, Respondents acknowledge that the Court's "prior ruling would lead the Court to reach the same result here, as the facts of this case are not materially distinguishable from that prior case" in which the Court addressed the lawfulness of the automatic stay's invocation. ECF No. 12 at 4. In light of these representations and the Court's prior analyses of this issue, see generally Arana-Hernandez, 2026 WL 696642, the Court GRANTS Petitioner's petition, ECF No. 1, and DENIES AS MOOT the motion for temporary restraining order, ECF No. 4. It is FURTHER ORDERED THAT Petitioner shall be released from custody subject to, and in accordance with, the terms and conditions, including bond conditions, imposed by the immigration judge in his March 5, 2026 bond order. See ECF No. 4-2. Respondents SHALL NOT IMPOSE any conditions beyond those imposed by the immigration judge in the March 5, 2026 order. Respondents SHALL FILE a status report within FIVE DAYS of this order stating whether Petitioner has been released on bond. by Judge Charlotte N. Sweeney on 3/23/2026. Text Only Entry (cnsja, ) (Entered: 03/23/2026)
#14
Mar 23, 2026
ORDER denying as moot 4 Motion for Temporary Restraining Order. See ECF No. 13. By Judge Charlotte N. Sweeney on 3/23/2026. Text Only Entry(cnsja, ) (Entered: 03/23/2026)
Mar 23, 2026
Minute Order
Mar 23, 2026
Order on Motion for TRO