District of Colorado • 1:26-cv-02231

Lin v. Baltazar

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Case Information

Filed: May 21, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: June 15, 2026
Parties: View All Parties →

Docket Entries

#1
May 21, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11029424)Attorney Darren Douglas Alberti added to party hao fu lin(pty:pet), filed by hao fu lin. (Attachments: # 1 Exhibit A. Order of Supervision, # 2 Civil Cover Sheet Civil Cover Sheet)(Alberti, Darren) (Entered: 05/21/2026)
Main Document: APPLICATION
#2
May 21, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) (Entered: 05/22/2026)
#3
May 22, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) (Entered: 05/22/2026)
Main Document: Magistrate
#4
May 22, 2026
ORDER: The Court has reviewed Petitioner Hao Fu Lin's application pursuant to 28 U.S.C. § 2241 1, which appears to be well-founded. Therefore, 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 29, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.The facts of this case appear to be controlled by the Court's analysis in Koridze v. Ice Field Office Director, No. 1:25-cv-3870-SKC, Dkt. 16 (D. Colo. March 6, 2026). Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Koridze 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 5/22/2026.Text Only Entry (skclc4) (Entered: 05/22/2026)
May 22, 2026
Order
#5
May 29, 2026
NOTICE re 1 Application for Writ of Habeas Corpus, 4 Order,,,,, Proof of Service by Petitioner Hao Fu Lin (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C)(Harden, Samuel) (Entered: 05/29/2026)
Main Document: NOTICE
#6
Jun 02, 2026
NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Katherine Ann Ross added to party Juan Baltazar(pty:res), Attorney Katherine Ann Ross added to party Todd Blanche(pty:res), Attorney Katherine Ann Ross added to party Todd Lyons(pty:res), Attorney Katherine Ann Ross added to party Markwayne Mullin(pty:res), Attorney Katherine Ann Ross added to party George Valdez(pty:res) (Ross, Katherine) (Entered: 06/02/2026)
Main Document: NOTICE
#7
Jun 02, 2026
ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: # 1 Exhibit A (Walker Declaration))(Ross, Katherine) (Entered: 06/02/2026)
Main Document: ANSWER
#8
Jun 04, 2026
Order
Main Document: Order
#11
Jun 10, 2026
Judgment AND Judgment - Clerk AND Judgment - Consent
Main Document: Judgment AND Judgment - Clerk AND Judgment - Consent
Jun 10, 2026
Order
#12
Jun 12, 2026
Reopen Case
Main Document: Reopen Case
#13
Jun 12, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#14
Jun 15, 2026
SUPPLEMENT/AMENDMENT Emergency Supplement to Emergency Motions to Re-Open Case and for Temporary Restraining Order by Petitioner Hao Fu Lin. (Attachments: # 1 Exhibit Ex. A - Decl. of Darren D. Alberti, # 2 Exhibit Ex. B - ICE Online Detainee Locator System screenshot)(Alberti, Darren) (Entered: 06/15/2026)
Main Document: SUPPLEMENT/AMENDMENT
#15
Jun 15, 2026
NOTICE of Entry of Appearance by Samuel Alan Harden on behalf of Hao Fu LinAttorney Samuel Alan Harden added to party Hao Fu Lin(pty:pet) (Harden, Samuel) (Entered: 06/15/2026)
Main Document: NOTICE
#16
Jun 15, 2026
ORDER Petitioner filed a Motion for Temporary Restraining Order 13 requesting the Court issue an order "prohibiting Respondents from removing Mr. Lin from the District of Colorado or the United States pending this Court's ruling on Petitioner's Emergency Motion to Re-Open Case." Dkt. 13, ECF p.2. On June 15, 2026, Petitioner filed a Supplement 14 that informed the Court that Petitioner had been transferred outside of the District of Colorado. Because Petitioner has been transferred, the relief Petitioner seeks in his Motion for TRO is moot. Accordingly, the 13 Motion for Temporary Restraining Order is DENIED.With respect to the Emergency Motion to Re-Open Case 12, this Court finds that it does not have jurisdiction. Under the district of confinement rule, habeas petitions challenging present physical confinement lie in only one district, the district of confinement. Ramirez v. Bondi, No. 25-cv-1002-RMR, 2026 WL 456722, at *3 (D. Colo. Feb. 18, 2026). The district of confinement is measured at the moment the habeas petition is filed, but here, this Court entered final judgment on June 10, 2026, and the case was closed. In a similar circumstance, Judge Rodriguez held that the court did not have jurisdiction to weigh the merits of a petitioner's claim where the petitioner filed a motion to enforce judgment after the case was closed. Id. at *4. There, Judge Rodriguez found that the petitioner was "detained in this District and properly filed her Habeas Petition in this Court. But she was not transferred to a facility outside of this District while her Habeas Petition was pending. Instead, her Habeas Petition was resolved when this Court granted in part and denied in part her petition. Final judgment was entered, and the Habeas Petition in this District was closed." Id. Judge Rodriguez concluded that the petitioner "must file a new Habeas petition challenging the due process of her re-detention in the district where she is confined." Id. The same is true here. As such, Petitioner's Emergency Motion to Re-Open Case 12 is DENIED.SO ORDERED by Judge S. Kato Crews on 6/15/2026.Text Only Entry (skclc4) (Entered: 06/15/2026)
Jun 15, 2026
Order on Motion for TRO AND Order on Motion to Reopen Case

Parties

Baltazar
Party
lin
Party