District of Colorado • 1:26-cv-01783

#1

Apr 27, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10975268)Attorney Emily L. Robinson added to party Edwin GUTIERREZ GUTIERREZ(pty:pet), filed by Edwin GUTIERREZ GUTIERREZ. (Attachments: # 1 Civil Cover Sheet)(Robinson, Emily) (Entered: 04/27/2026)

#2

Apr 27, 2026

First MOTION for Temporary Restraining Order by Petitioner Edwin GUTIERREZ GUTIERREZ. (Attachments: # 1 Continuation of Main Document P&A in Support of TRO, # 2 Proposed Order (PDF Only), # 3 Affidavit, # 4 Exhibit Exh 1, # 5 Exhibit Exh 2, # 6 Exhibit Exh 3, # 7 Exhibit Exh 4, # 8 Exhibit Exh 5)(Robinson, Emily) (Entered: 04/27/2026)

#3

Apr 27, 2026

RESTRICTED DOCUMENT - Level 1: Exhibit 4 by Petitioner Edwin GUTIERREZ GUTIERREZ.. (Attachments: # 1 Proposed Order (PDF Only))(Robinson, Emily) (Entered: 04/27/2026)

#4

Apr 27, 2026

CERTIFICATE TRO Information Sheet re: 2 First MOTION for Temporary Restraining Order by Petitioner Edwin GUTIERREZ GUTIERREZ. (Robinson, Emily) (Entered: 04/27/2026)

#5

Apr 27, 2026

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 1 Application for Writ of Habeas Corpus, filed by attorney Emily L. Robinson. 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) (agarc, ) (Entered: 04/28/2026)

#6

Apr 27, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, ) (Entered: 04/28/2026)

#7

Apr 28, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 04/28/2026)

#8

Apr 28, 2026

NOTICE of Change of Address/Contact Information by Emily L. Robinson (Robinson, Emily) (Entered: 04/28/2026)

#9

Apr 29, 2026

ORDER Upon review of the Petition for Writ of Habeas Corpus 1 and the Motion for Temporary Restraining Order 2, 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 certified mail, on or before May 6, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. 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. 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 4/29/2026. Text Only Entry (skclc4) (Entered: 04/29/2026)

Apr 29, 2026

Order

#10

May 04, 2026

CERTIFICATE of Mailing/Service re 2 First MOTION for Temporary Restraining Order, 9 Order,,,, by Petitioner Edwin Rafael Gutierrez Gutierrez. (Attachments: # 1 Exhibit)(Robinson, Emily) (Entered: 05/04/2026)

#11

May 11, 2026

RESPONSE to 9 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Robert Hagan, Todd Lyons, Markwayne MullinAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Robert Hagan(pty:res), Attorney Logan P. Brown added to party Todd Lyons(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res). (Attachments: # 1 Exhibit A)(Brown, Logan) (Entered: 05/11/2026)

#12

May 12, 2026

ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to respond to the Petition within five days of service and show cause why it should not be granted. Dkt. 9. In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from cases this Court and other courts in this District have decided. Dkt. 11, p.2. Accordingly, this Court adopts its reasoning from Diallo v. Baltazar, No. 1:25-cv-3548-SKC, 2026 WL 237296, at *1 (D. Colo. Jan. 29, 2026) in full.Therefore, IT IS ORDERED that Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. Mr. Gutierrez is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2) and Respondents are ENJOINED from detaining him under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Mr. Gutierrez remains within the United States. This Order shall cease to apply if he is removed from the United States;2. Respondents shall immediately release Mr. Gutierrez from detention without imposing an ankle monitor or any other condition not specifically imposed in writing by the 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. If Mr. Gutierrez resides outside of Colorado and is only in this state because Respondents have transferred him here, the Parties shall immediately confer to determine whether Mr. Gutierrez wishes for ICE to transport him back to his place of residence or if Mr. Gutierrez would prefer being immediately released from custody;4. If Mr. Gutierrez indicates he would like to be transported back to his place of residence outside of Colorado, he shall remain in Respondents temporary custody for the sole purpose of effectuating his return to his place of residence;5. If Mr. Gutierrez indicates he would like to be transported back to his place of residence outside of Colorado, Respondents SHALL transport Petitioner, at their own expense, within 36 hours of the date and time of this Order, back to his place of residence;6. To effectuate the purpose of this Court's Order and to allow Mr. Gutierrez to return home, Respondents are also temporarily enjoined from detaining him under 8 U.S.C. § 1226 for a period of 14 days; and7. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.IT IS FURTHER ORDERED that Petitioner's 2 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED AS MOOT.SO ORDERED by Judge S. Kato Crews on 5/12/2026.Text Only Entry (skclc4) (Entered: 05/12/2026)

May 12, 2026

Order on Motion for TRO