District of Colorado • 1:26-cv-01310

Chalampuente Amaguana v. Baltasar

Completed

Case Information

Filed: March 28, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: April 22, 2026
Last Activity: April 22, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 28, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10911269)Attorney Jim Salvator added to party Luis Chalampuente Amaguna(pty:pet), filed by Luis Chalampuente Amaguna. (Attachments: # 1 Exhibit civil cover sheet, # 2 Exhibit NTA and I-589)(Salvator, Jim) (Entered: 03/28/2026)
Main Document: APPLICATION
#2
Mar 28, 2026
Proposed Pretrial Order Proposed Order To Show Cause by Petitioner Luis Chalampuente Amaguna. (Salvator, Jim) (Entered: 03/28/2026)
Main Document: Proposed
#3
Mar 28, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) (Entered: 03/30/2026)
#4
Mar 30, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 03/30/2026)
Main Document: Magistrate
#5
Mar 30, 2026
ORDER Upon review of the Luis Alfredo Chalampuente Amaguana's Petition for Writ of Habeas Corpus 1, it is ORDERED that Petitioner shall SERVE Respondents, see F.R.C.P. 4(i)(1) & (2), with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight registered or certified mail, on or before April 3, 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 Courts 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 3/30/2026. Text Only Entry (skclc1) (Entered: 03/30/2026)
Mar 30, 2026
Order
#6
Apr 01, 2026
SUMMONS Returned Executed upon Habeas Respondents defendant(s) Juan Baltasar served on 4/1/2026. (Attachments: # 1 Exhibit Service Baltasar Prison, # 2 Exhibit Service Valdez ICE, # 3 Exhibit Service McNeilly DOJ, # 4 Exhibit Service Lyons ICE, # 5 Exhibit Service Mullin DHS, # 6 Exhibit Service Bondi DOJ)(Salvator, Jim) (Entered: 04/01/2026)
Main Document: SUMMONS
#7
Apr 08, 2026
In its Order to Show Cause 5, the Court ordered Respondents to answer the Petition within five days of service. According to the 6 Summons Returned Executed, service was completed on April 1, 2026, but Respondents have not entered an appearance or filed an answer. Consequently, IT IS ORDERED on or before the close of business on April 10, 2026, Petitioner's Counsel shall file any additional information he has regarding confirmation that the Respondents received the certified mailings, such as returns of service or other documentation FedEx may provide or any communications he may have had with the United States Attorney's Office for the District of Colorado. SO ORDERED by Judge S. Kato Crews on 4/8/2026. Text Only Entry (skclc1) (Entered: 04/08/2026)
Apr 08, 2026
Minute Order
#8
Apr 09, 2026
SUMMONS Returned Executed upon Habeas Respondents (Attachments: # 1 Exhibit Cert Mail, # 2 Exhibit Cert Mail & Fedex, # 3 Exhibit Cert Mail, # 4 Exhibit Cert Mail, # 5 Exhibit Cert Mail, # 6 Exhibit Cert Mail)(Salvator, Jim) (Entered: 04/09/2026)
Main Document: SUMMONS
#9
Apr 13, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltasar, Pamela Jo Bondi, Todd M. Lyons, Markwayne Mullin, George ValdezAttorney Elizabeth Erin Puskar added to party Juan Baltasar(pty:res), Attorney Elizabeth Erin Puskar added to party Pamela Jo Bondi(pty:res), Attorney Elizabeth Erin Puskar added to party Todd M. Lyons(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party George Valdez(pty:res) (Puskar, Elizabeth) (Entered: 04/13/2026)
Main Document: NOTICE
#10
Apr 13, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus and ECF 5 Order to Show Cause by Juan Baltasar, Pamela Jo Bondi, Todd M. Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit Exh. A)(Puskar, Elizabeth) Modified on 4/15/2026 to correct language (ggill, ). (Entered: 04/13/2026)
Main Document: RESPONSE
#11
Apr 14, 2026
REPLY to 10 RESPONSE to 1 Petition for Writ of Habeas Corpus and ECF 5 Order to Show Cause Habeas Traverse by Petitioner Luis Alfredo Chalampuente Amaguana. (Salvator, Jim) Modified on 4/15/2026 to correct language (ggill, ). (Entered: 04/14/2026)
Main Document: REPLY
#12
Apr 16, 2026
ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address in their Response a factually and legally similar case decided by this Court, Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Aleman Hernandez. Dkt. 10, p.2. Accordingly, this Court adopts and incorporates its reasoning from Aleman Hernandez in full. Furthermore, because "Respondents have offered no lawful basis for his detention, the Court concludes [Petitioner] is entitled to immediate release." Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026).Therefore, IT IS ORDERED that Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. Luis Alfredo Chalampuente Amaguana is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are PERMANENTLY ENJOINED from re-detaining him under 8 U.S.C. § 1225(b)(2)(A). 2. Respondents shall immediately release Mr. Chalampuente Amaguana from detention without imposing an ankle monitor or any other condition not specifically imposed in writing by an immigration judge. See Batz Barreno v. Baltasar, No. 25-cv-03017-GPG-TPO, 2026 WL 120253, at *2 (D. Colo. Jan. 15, 2026) (concluding use of a GPS ankle monitor constitutes custody for the purposes of habeas corpus and due process); 3. To effectuate the purpose of this Court's Order and to allow Mr. Chalampuente Amaguana to return home, Respondents are also temporarily enjoined from detaining him under 8 U.S.C. § 1226 for a period of 14 days from the date of his release; and4. Respondents shall file a status report within FIVE DAYS of Mr. Chalampuente Amaguana's release to certify Respondents' compliance with this Order.SO ORDERED by Judge S. Kato Crews on 4/16/2026. Text Only Entry (skclc1) (Entered: 04/16/2026)
Apr 16, 2026
Order
#13
Apr 21, 2026
STATUS REPORT by Respondents Juan Baltasar, Pamela Jo Bondi, Todd M. Lyons, Markwayne Mullin, George Valdez. (Puskar, Elizabeth) (Entered: 04/21/2026)
Main Document: STATUS
#14
Apr 22, 2026
MINUTE ORDER re: 13 Status Report filed by Markwayne Mullin, George Valdez, Juan Baltasar, Todd M. Lyons, Pamela Jo Bondi. In light of Respondents' Status Report certifying their compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. By Judge S. Kato Crews on 4/22/2026. Text Only Entry (skclc1) (Entered: 04/22/2026)
#15
Apr 22, 2026
Judgment
Main Document: Judgment
Apr 22, 2026
Minute Order

Parties

Baltasar
Party
Chalampuente Amaguana
Party