District of Colorado • 1:26-cv-01895

Trujillo Serrano v. Baltazar

Completed

Case Information

Filed: May 01, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: May 19, 2026
Last Activity: May 19, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10987296)Attorney Hans Christopher Meyer added to party Jose Trujillo Serrano(pty:pet), filed by Jose Trujillo Serrano. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Meyer, Hans) (Entered: 05/01/2026)
Main Document: APPLICATION
#2
May 01, 2026
NOTICE of Entry of Appearance by Hans Christopher Meyer on behalf of Jose Trujillo Serrano (Meyer, Hans) (Entered: 05/01/2026)
Main Document: NOTICE
#3
May 01, 2026
NOTICE of Related Cases by Petitioner Jose Trujillo Serrano (Meyer, Hans) (Entered: 05/01/2026)
Main Document: NOTICE
#4
May 01, 2026
MOTION for Temporary Restraining Order by Petitioner Jose Trujillo Serrano. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meyer, Hans) (Entered: 05/01/2026)
Main Document: Temporary Restraining Order
#5
May 01, 2026
NOTICE of Entry of Appearance by Anahi Quezada-Villa on behalf of Jose Trujillo SerranoAttorney Anahi Quezada-Villa added to party Jose Trujillo Serrano(pty:pet) (Quezada-Villa, Anahi) (Entered: 05/01/2026)
Main Document: NOTICE
#6
May 01, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (angar, ) (Entered: 05/04/2026)
#7
May 01, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (angar, ) (Entered: 05/04/2026)
Main Document: Magistrate
#8
May 06, 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 certified mail, on or before May 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 Court's 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. 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 5/6/2026.Text Only Entry (skclc4) (Entered: 05/06/2026)
May 06, 2026
Order
#9
May 07, 2026
NOTICE of Proof of Delivery of Service by Petitioner Jose De Jesus Trujillo Serrano (Attachments: # 1 Exhibit Proof of Overnight Service Delivery, # 2 Exhibit Proof of Email Service)(Quezada-Villa, Anahi) (Entered: 05/07/2026)
Main Document: NOTICE
#10
May 08, 2026
NOTICE of Entry of Appearance by Winnie Wu on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Winnie Wu added to party Juan Baltazar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Todd Lyons(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res) (Wu, Winnie) (Entered: 05/08/2026)
Main Document: NOTICE
#11
May 12, 2026
ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit A - Mendoza Gutierrez Brief)(Wu, Winnie) (Entered: 05/12/2026)
Main Document: ANSWER
#12
May 13, 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 in its response, Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). Dkt. 8. In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Aleman Hernandez. Dkt. 11, 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. Mr. Trujillo Serrano 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. Trujillo Serrano 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. Trujillo Serrano 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. Trujillo Serrano 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. Trujillo Serrano wishes for ICE to transport him back to his place of residence or if Mr. Trujillo Serrano would prefer being immediately released from custody;4. If Mr. Trujillo Serrano 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. Trujillo Serrano 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. Trujillo Serrano to return home, Respondents are also temporarily enjoined from detaining him under 8 U.S.C. § 1226 for a period of 14 days; and 7. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.IT IS FURTHER ORDERED that Petitioner's 4 Motion for Temporary Restraining Order is DENIED AS MOOT.SO ORDERED by Judge S. Kato Crews on 5/13/2026.Text Only Entry (skclc4) (Entered: 05/13/2026)
May 13, 2026
Order on Motion for TRO
#13
May 15, 2026
STATUS REPORT PURSUANT TO ECF NO. 12 by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Wu, Winnie) (Entered: 05/15/2026)
Main Document: STATUS
#14
May 19, 2026
ORDER: In light of the representations in the 13 Status Report filed by Respondents, the Clerk of Court is directed to terminate this case. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. § 2412(a)(1). By Judge S. Kato Crews on 5/19/2026. Text Only Entry (skcja, ) (Entered: 05/19/2026)
#15
May 19, 2026
Judgment
Main Document: Judgment
May 19, 2026
Order