Active
Case Information
Filed: May 04, 2026
Assigned to:
Kathryn A. Starnella
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
July 17, 2026
Parties:
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Docket Entries
#1
May 04, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10989748)Attorney Brandon Marinoff added to party ELDER JOSUE CARRASCO MARTINEZ(pty:dft), filed by ELDER JOSUE CARRASCO MARTINEZ. (Attachments: # 1 Civil Cover Sheet)(Marinoff, Brandon) (Entered: 05/04/2026)
Main Document:
APPLICATION
#2
May 04, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Brandon Marinoff. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (eguth, ) (Entered: 05/06/2026)
#3
May 04, 2026
Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) (Entered: 05/06/2026)
#4
May 04, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 05/06/2026)
Main Document:
Magistrate
#5
May 07, 2026
ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Respondents shall show cause within five days from the date that Petitioner effects service why the Petition [# 1 ] should not be granted. IT IS FURTHER ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [# 4 ] is the same as Respondents' deadline to file a Response. 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 Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 5/7/2026. (eluce) (Entered: 05/07/2026)
Main Document:
Order to Show Cause
#6
May 08, 2026
CERTIFICATE of Mailing/Service by Petitioner Elder Josue Carrasco Martinez. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document, # 3 Continuation of Main Document, # 4 Receipt Receipt of Certificate of Service)(Marinoff, Brandon) (Entered: 05/08/2026)
Main Document:
CERTIFICATE
#7
May 18, 2026
NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George ValdezAttorney Julia M. Prochazka added to party Juan Baltazar(pty:res), Attorney Julia M. Prochazka added to party Todd Blanche(pty:res), Attorney Julia M. Prochazka added to party Executive Office for Immigration Review(pty:res), Attorney Julia M. Prochazka added to party Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party U.S. Department of Homeland Security(pty:res), Attorney Julia M. Prochazka added to party George Valdez(pty:res) (Prochazka, Julia) (Entered: 05/18/2026)
Main Document:
NOTICE
#8
May 18, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez All parties consent.. (Prochazka, Julia) (Entered: 05/18/2026)
Main Document:
CONSENT
#9
May 18, 2026
ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and 8 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Kathryn A. Starnella, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 5/18/2026. Text Only Entry. (rkeec) (Entered: 05/18/2026)
#10
May 18, 2026
RESPONSE to 5 Order to Show Cause,,, by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Attachments: # 1 Exhibit A - Mendoza Gutierrez US Response Brief, ECF No. 26)(Prochazka, Julia) (Entered: 05/18/2026)
Main Document:
RESPONSE
May 18, 2026
Order on Consent to Jurisdiction of Magistrate Judge
#11
May 28, 2026
ORDER. This matter is before the Court on the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [# 1 ] (the "Petition"), which was filed by Elder Josue Carrasco Martinez ("Petitioner"). IT IS HEREBY ORDER ED that the Petition [# 1 ] be GRANTED in part. IT IS FURTHER ORDERED that Respondents shall provide Petitioner a bond hearing no later than June 4, 2026. At the bond hearing, the Government shall bear the burden of proving, by clear and convincin g evidence, that Petitioner's continued detention is justified. If Respondents do not provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) as required herein, Petitioner must be immediately released from detention. IT IS FURTH ER ORDERED that, on or before June 11, 2026, Respondents shall file a status report concerning (1) the results of any bond hearing that was conducted, or, if no hearing was held, advise the Court of the date Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required. Entered by Magistrate Judge Kathryn A. Starnella on 5/28/2026. (eluce)
#12
Jun 05, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, George Valdez. (Attachments: # 1 Exhibit A - Bond Order)(Prochazka, Julia) (Entered: 06/05/2026)
Main Document:
STATUS
Jul 17, 2026
Minute Order
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