District of Colorado • 1:26-cv-01478

Agustin Yat v. Baltazar

Completed

Case Information

Filed: April 07, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: April 27, 2026
Last Activity: May 13, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 07, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10933043)Attorney Hans Christopher Meyer added to party Maria Agustin Yat(pty:pet), filed by Maria Agustin Yat. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Meyer, Hans) (Entered: 04/07/2026)
Main Document: APPLICATION
#2
Apr 07, 2026
NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Maria Agustin Yat (Meyer, Hans) (Entered: 04/07/2026)
Main Document: NOTICE
#3
Apr 07, 2026
NOTICE of Related Cases by Petitioner Maria Agustin Yat (Meyer, Hans) (Entered: 04/07/2026)
Main Document: NOTICE
#4
Apr 07, 2026
MOTION for Temporary Restraining Order by Petitioner Maria Agustin Yat. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Meyer, Hans) (Entered: 04/07/2026)
Main Document: Temporary Restraining Order
#5
Apr 07, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agarc, ) (Entered: 04/08/2026)
#6
Apr 08, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 04/08/2026)
Main Document: Magistrate
#7
Apr 08, 2026
NOTICE of Entry of Appearance by Anahi Quezada-Villa on behalf of Maria Agustin YatAttorney Anahi Quezada-Villa added to party Maria Agustin Yat(pty:pet) (Quezada-Villa, Anahi) (Entered: 04/08/2026)
Main Document: NOTICE
#8
Apr 08, 2026
ORDER Upon review of the Petition for Writ of Habeas Corpus 1 and the Motion for Temporary Restraining Order 4, 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 13, 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 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 Motion and SHOW CAUSE why the Petition and Motion 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. In addition, Respondents shall also include information or evidence regarding whether Petitioner was taken into custody pursuant to a warrant issued prior to her detention.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 4/8/2026. Text Only Entry (skclc1) (Entered: 04/08/2026)
#9
Apr 08, 2026
NOTICE of Entry of Appearance by Benjamin Henry Gibson on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Benjamin Henry Gibson added to party Juan Baltazar(pty:res), Attorney Benjamin Henry Gibson added to party Todd Blanche(pty:res), Attorney Benjamin Henry Gibson added to party Todd Lyons(pty:res), Attorney Benjamin Henry Gibson added to party Markwayne Mullin(pty:res), Attorney Benjamin Henry Gibson added to party George Valdez(pty:res) (Gibson, Benjamin) (Entered: 04/08/2026)
Main Document: NOTICE
Apr 08, 2026
Order
#10
Apr 09, 2026
NOTICE of Proof of Delivery of Service by Petitioner Maria Agustin Yat (Attachments: # 1 Exhibit Proof of Overnight Service Delivery, # 2 Exhibit Proof of Email Service)(Quezada-Villa, Anahi) (Entered: 04/09/2026)
Main Document: NOTICE
#11
Apr 09, 2026
NOTICE of Entry of Appearance by Conor Timothy Gleason on behalf of Maria Agustin YatAttorney Conor Timothy Gleason added to party Maria Agustin Yat(pty:pet) (Gleason, Conor) (Entered: 04/09/2026)
Main Document: NOTICE
#12
Apr 14, 2026
RESPONSE to 8 Order,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit 1 - Declaration of D. Johnson, # 2 Exhibit 2 - Gutierrez v. Baltazar Brief)(Gibson, Benjamin) (Entered: 04/14/2026)
Main Document: RESPONSE
#13
Apr 15, 2026
ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address 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 its Response. In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Aleman Hernandez. Dkt. 12, p.2. Accordingly, this Court adopts and incorporates its reasoning from Aleman Hernandez in full.Therefore, IT IS ORDERED that Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that: 1. Maria Agustin Yat is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are PERMANENTLY ENJOINED from re-detaining her under 8 U.S.C. § 1225(b)(2)(A). 2. Respondents shall provide Ms. Agustin Yat with a bond hearing under 8 U.S.C. § 1226(a) within SEVEN DAYS of the date of this Court's order. 3. At the hearing Respondents shall bear the burden of proving risk of flight by a preponderance of the evidence and dangerousness to any other person or to the community by clear and convincing evidence. Guevara Garcia v. Bondi, No. 1:26-cv-01012-SKC, 2026 WL 835766, at *4 (D. Colo. Mar. 26, 2026).4. Respondents shall file a status report within TEN DAYS of the date of this Court's order to certify compliance. The status report shall include if and when the bond hearing occurred, if bond was granted or denied, and if bond was denied, the reasons for the denial.5. Petitioner's Motion for Temporary Restraining Order 4 is denied as MOOT. SO ORDERED by Judge S. Kato Crews on 4/15/2026. Text Only Entry (skclc1) (Entered: 04/15/2026)
Apr 15, 2026
Order on Motion for TRO
#14
Apr 24, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Gibson, Benjamin) (Entered: 04/24/2026)
Main Document: STATUS
#15
Apr 27, 2026
MINUTE ORDER re: 14 Status Report filed by Markwayne Mullin, George Valdez, Juan Baltazar, Todd Blanche, Todd Lyons. In light of the Status Report certifying Respondents' compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. By Judge S. Kato Crews on 4/27/2026. Text Only Entry (skclc1) (Entered: 04/27/2026)
#16
Apr 27, 2026
Judgment
Main Document: Judgment
Apr 27, 2026
Minute Order
#17
May 06, 2026
NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Todd Blanche(pty:res), Attorney Jane Bobet Rejko added to party Todd Lyons(pty:res), Attorney Jane Bobet Rejko added to party Markwayne Mullin(pty:res), Attorney Jane Bobet Rejko added to party George Valdez(pty:res) (Bobet Rejko, Jane) (Entered: 05/06/2026)
Main Document: NOTICE
#18
May 06, 2026
Withdraw as Attorney
Main Document: Withdraw as Attorney
#19
May 07, 2026
ORDER granting 18 Motion to Withdraw as Attorney. Benjamin Henry Gibson is permitted to withdraw as counsel for Respondents and electronic notifications will be turned off. By Judge S. Kato Crews on 5/7/2026. Text Only Entry(skcja, ) (Entered: 05/07/2026)
May 07, 2026
Order on Motion to Withdraw as Attorney
#20
May 13, 2026
Withdraw as Attorney
Main Document: Withdraw as Attorney
#21
May 13, 2026
ORDER granting 20 Motion to Withdraw as Attorney. Conor Timothy Gleason is permitted to withdraw as counsel for Petitioner and electronic notifications will be turned off. By Judge S. Kato Crews on 5/13/2026. Text Only Entry(skcja, ) (Entered: 05/13/2026)
May 13, 2026
Order on Motion to Withdraw as Attorney