District of Colorado • 1:26-cv-02189

#1

May 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11024037)Attorney Laura L. Lichter added to party Reineir Rodriguez Rodriguez(pty:pet), filed by Reineir Rodriguez Rodriguez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(Lichter, Laura) (Entered: 05/19/2026)

#2

May 19, 2026

NOTICE of Entry of Appearance by Laura L. Lichter on behalf of Reineir Rodriguez Rodriguez (Lichter, Laura) (Entered: 05/19/2026)

#3

May 19, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 05/20/2026)

#4

May 20, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/20/2026)

#5

May 20, 2026

NOTICE of Entry of Appearance by Mark Robert Barr on behalf of Reineir Rodriguez RodriguezAttorney Mark Robert Barr added to party Reineir Rodriguez Rodriguez(pty:pet) (Barr, Mark) (Entered: 05/20/2026)

#6

May 21, 2026

ORDER Upon review of the 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 certified mail, on or before May 28, 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 Diallo v. Baltazar, No. 1:25-cv-3548-SKC, 2026 WL 237296 (D. Colo. Jan. 29, 2026). Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Diallo 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 5/21/2026.Text Only Entry (skclc4) (Entered: 05/21/2026)

May 21, 2026

Order

#7

May 22, 2026

CERTIFICATE of Mailing/Service re 1 Application for Writ of Habeas Corpus, Minute Order [ECF No. 6] by Petitioner Reineir Rodriguez Rodriguez. (Lichter, Laura) (Entered: 05/22/2026)

#8

May 27, 2026

NOTICE of Entry of Appearance by Julia M. Prochazka on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, 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 Markwayne Mullin(pty:res), Attorney Julia M. Prochazka added to party George Valdez(pty:res) (Prochazka, Julia) (Entered: 05/27/2026)

#9

May 27, 2026

STIPULATION Regarding Respondents' Deadline to Respond to Habeas Petition and OSC by Petitioner Reineir Rodriguez Rodriguez. (Barr, Mark) (Entered: 05/27/2026)

#10

May 29, 2026

RESPONSE to 6 Order,,,,, Order to Show Cause by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit A - Mendoza Gutierrez US Response Brief, ECF No. 26)(Prochazka, Julia) (Entered: 05/29/2026)

#11

May 29, 2026

ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address in its Response a factually and legally similar case decided by this Court, Diallo v. Baltazar, No. 1:25-cv-3548-SKC, 2026 WL 237296 (D. Colo. Jan. 29, 2026). In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Diallo. Dkt. 10, p.2. Accordingly, this Court adopts and incorporates its reasoning from Diallo in full. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to §1226 or the existence of an administrative warrant--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. Mr. Rodriguez Rodriguez 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. Rodriguez Rodriguez remains within the United States. This Order shall cease to apply if he is removed from the United States.2. Respondents shall release Mr. Rodriguez Rodriguez from detention subject to the same conditions of his previous release on his own recognizance;3. If Mr. Rodriguez Rodriguez resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner may, if he chooses, remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence. Alternatively, Petitioner may elect for immediate release. Counsel for the parties shall promptly confer regarding Petitioner's wishes;4. If necessary, Respondents SHALL transport Mr. Rodriguez Rodriguez back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;5. To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; and6. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 5/29/2026.Text Only Entry (skclc4) (Entered: 05/29/2026)

May 29, 2026

Order

#12

Jun 01, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Prochazka, Julia) (Entered: 06/01/2026)

#13

Jun 02, 2026

ORDER: In light of the representations in the 12 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 6/2/2026. Text Only Entry (skcja, ) (Entered: 06/02/2026)

#14

Jun 02, 2026

Judgment

Jun 02, 2026

Order