District of Colorado • 1:26-cv-02344

A.A.G.R. v. Baltazar

Completed

Case Information

Filed: May 27, 2026
Assigned to: Regina M. Rodriguez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: July 27, 2026
Last Activity: August 19, 2026
Parties: View All Parties →

Docket Entries

#1
May 27, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11040031)Attorney Jessica A. Dawgert added to party A.A.G.R.(pty:pet), filed by A.A.G.R.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(Dawgert, Jessica) (Entered: 05/27/2026)
Main Document: APPLICATION
#2
May 27, 2026
Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 05/28/2026)
#3
May 27, 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: 05/28/2026)
Main Document: Magistrate
#4
May 28, 2026
MOTION for Leave to Proceed Under Pseudonym by Petitioner A.A.G.R.. (Dawgert, Jessica) (Entered: 05/28/2026)
Main Document: Leave
#5
May 29, 2026
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Petitioner A.A.G.R.. (Attachments: # 1 Proposed Order (PDF Only))(Dawgert, Jessica) (Entered: 05/29/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
#6
Jun 08, 2026
MOTION for Order to Show Cause by Petitioner A.A.G.R.. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 06/08/2026)
Main Document: Show Cause
#7
Jun 08, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on June 8, 2026. This matter is before the court on Petitioner A.A.G.R.'s 1 Petition for Writ of Habeas Corpus and 5 Motion for Temporary Restraining Order and/or Preliminary Injunction. Petitioner shall, by overnight mail and email, serve Respondents with a copy of the 1 Petition for Writ of Habeas Corpus and 5 Motion for Temporary Restraining Order and/or Preliminary Injunction, and this Order on or before June 10, 2026. Thereafter, Petitioner shall file proof of service.No later than 5:00 p.m. on June 11, 2026, Respondents shall show cause why the 1 Petition for Writ of Habeas Corpus and 5 Motion for Temporary Restraining Order and/or Preliminary Injunction should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). Petitioner may file a reply within seven days of Respondents filing their response. Text Only Entry (sbplc10) (Entered: 06/08/2026)
#8
Jun 08, 2026
CASE REASSIGNED. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 26-cv-2344-RMR (Text Only Entry) (angar, ) (Entered: 06/08/2026)
#9
Jun 08, 2026
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Susan Prose on June 8, 2026, regarding Petitioner's 4 Unopposed MOTION for Leave to Proceed Under Pseudonym ("Motion"). Petitioner moves for leave to proceed under the pseudonym of "A.A.G.R." based on "the highly personal nature of his immigration status and the substantial risk of harm should his identity be disclosed." ECF No. 4 at 5. Respondents do not oppose this request, so long as their counsel are provided with Petitioner's full name and A-number upon entry of appearance. Id. at 8. Plaintiffs should be granted leave to proceed anonymously "only in those exceptional cases involving matters of a highly sensitive and personal nature, real danger of physical harm, or where the injury litigated against would be incurred as a result of the disclosure of the plaintiff's identity." M.N. v. Zavaras, 139 F.3d 798, 803 (10th Cir. 1998). "Ultimately, the court must 'weigh[] the plaintiff's claimed right to privacy against the countervailing public interest." Doe v. Vail Resorts, Inc., No. 18-cv-00197-MEH, 2018 WL 11615589, at *2 (D. Colo. Apr. 10, 2018) (quoting Zavaras, 139 F.3d at 803). For good cause shown and in light of Petitioner having already provided his identifying information to Respondents, see ECF No. 4 at 5, the court RECOMMENDS that the 4 Unopposed MOTION for Leave to Proceed Under Pseudonym be GRANTED. Objections to this Recommendation are due within fourteen days. Fed. R. Civ. P. 72(a). Text Only Entry (sbplc10) (Entered: 06/08/2026)
#10
Jun 08, 2026
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Susan Prose on June 8, 2026. Petitioner has filed his 6 Motion for Order to Show Cause, requesting the court to issue an Order directing Respondents to forthwith respond to Petitioner's 1 Petition for Writ of Habeas Corpus no later than June 13, 2026. However, the court has issued a sua sponte Order directing Respondents to respond to Petitioner's 1 Petition for Writ of Habeas Corpus no later than 5:00 p.m. on June 11, 2026. See ECF No. 7. Accordingly, the court RECOMMENDS that the 6 Motion for Order to Show Cause be DENIED AS MOOT. Objections to this Recommendation are due within fourteen days. Fed. R. Civ. P. 72(a). Text Only Entry (sbplc10) (Entered: 06/08/2026)
#11
Jun 08, 2026
NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George ValdezAttorney Victor William Scarpato, III added to party Juan Baltazar(pty:res), Attorney Victor William Scarpato, III added to party Todd Blanche(pty:res), Attorney Victor William Scarpato, III added to party Markwayne Mullin(pty:res), Attorney Victor William Scarpato, III added to party George Valdez(pty:res) (Scarpato, Victor) (Entered: 06/08/2026)
Main Document: NOTICE
Jun 08, 2026
Minute Order
Jun 08, 2026
Report and Recommendations - Text Only
#12
Jun 09, 2026
ORDER. Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), 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. See also Vizguerra-Ramirez v. Choate, et al., Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Assn, 965 F.2d 1224, 1237 (2d Cir. 1992). SO ORDERED by Judge Regina M. Rodriguez on 6/9/2026. Text Only Entry (rmrja) (Entered: 06/09/2026)
Jun 09, 2026
Order
#13
Jun 10, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus, 7 Minute Order,,,, 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Appendix)(Scarpato, Victor) (Entered: 06/10/2026)
Main Document: RESPONSE
#14
Jun 10, 2026
REPLY to Response to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and 1 APPLICATION for Writ of Habeas Corpus filed by Petitioner A.A.G.R.. (Dawgert, Jessica) (Entered: 06/10/2026)
Main Document: REPLY
#15
Jun 11, 2026
CERTIFICATE of Mailing/Service by Petitioner A.A.G.R.. (Attachments: # 1 Attachment)(Dawgert, Jessica) (Entered: 06/11/2026)
Main Document: CERTIFICATE
#16
Jul 01, 2026
NOTICE of Supplemental Authorities by Petitioner A.A.G.R. (Dawgert, Jessica) (Entered: 07/01/2026)
Main Document: NOTICE
#17
Jul 02, 2026
Emergency MOTION for Temporary Restraining Order by Petitioner A.A.G.R.. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 07/02/2026)
Main Document: Temporary Restraining Order
#18
Jul 02, 2026
Unopposed MOTION for Leave to Restrict by Petitioner A.A.G.R.. (Attachments: # 1 Exhibit)(Dawgert, Jessica) (Entered: 07/02/2026)
Main Document: Leave to Restrict
#19
Jul 02, 2026
ORDER granting 18 Motion for Leave to Restrict. Being satisfied that Petitioner's Unopposed Motion to Restrict fulfills the requirements of D.C.COLO.LCivR 7.2(c), the Court GRANTS the Motion. The Clerk of the Court shall place a Level 1 Restriction to the Exhibit at ECF No. 17 -1. The corrected version, attached as an Exhibit at 18 -1, shall be docketed in its place. SO ORDERED by Judge Regina M. Rodriguez on 7/2/2026. Text Only Entry(rmrja) (Entered: 07/02/2026)
#20
Jul 02, 2026
ORDER. 1. The Petition for Writ of Habeas Corpus 1 is GRANTED; 2. The Recommendation by Magistrate Judge Prose 9 is ACCEPTED AND ADOPTED, and the Motion for Leave to Proceed Under Pseudonym 4 is GRANTED; 3. The Recommendation by Magistrate Judge Prose 10 is ACCEPTED AND ADOPTED, and the Motion for Order to Show Cause 6 is DENIED AS MOOT; 4. Respondents shall provide Petitioner a bond hearing no later than July 7, 2026. At the bond hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is a flight risk or danger to the community such that his physical custody is legally 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; 5. On or before July 9, 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; and 6. Because the Courts ruling affords Petitioner the relief he seeks, Petitioners Motion for Temporary Restraining Order 5 and Emergency Motion for Temporary Restraining Order 17 are DENIED AS MOOT. By Judge Regina M. Rodriguez on 7/2/2026. (kmyha) (Entered: 07/02/2026)
Main Document: Order on Motion for Leave AND Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND Order on Motion for TRO AND Order on Motion to Show Cause AND Order on Report and Recommendations - Text Only AND Order on Report and Recommendations - Text Only
Jul 02, 2026
Order on Motion for Leave to Restrict
#21
Jul 09, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Attachments: # 1 Appendix)(Scarpato, Victor) (Entered: 07/09/2026)
Main Document: STATUS
#22
Jul 09, 2026
Supplemental STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Scarpato, Victor) (Entered: 07/09/2026)
Main Document: Supplemental
#23
Jul 10, 2026
MOTION to Enforce 20 Order on Motion for Leave,,,,,, Order on Motion for TRO,,,,,, Order on Motion for Preliminary Injunction,,,,,, Order on Motion for Order to Show Cause,,,,,, Order on Report and Recommendations,,,,,,,,,,,,,,,,, by Petitioner A.A.G.R.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 07/10/2026)
Main Document: Enforce
#24
Jul 22, 2026
ORDER. 1. Petitioner's Motion to Enforce or, in the Alternative, for Alternative Ruling 23 is GRANTED;2. Respondents failed to comply with the Court's order to provide Petitioner with a bond hearing by July 7, 2026, where Respondents shall bear the burden of proving, by clear and convincing evidence, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified;3. Because Respondents failed to prove, by clear and convincing evidence, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified, Respondents must immediately release Petitioner; and4. On or before July 24, 2026, Respondents shall file a status report certifying compliance as to Petitioners release.By Judge Regina M. Rodriguez on 7/22/2026.(kmyha) (Entered: 07/22/2026)
Main Document: Order on Motion to Enforce
#25
Jul 24, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez. (Bobet Rejko, Jane) (Entered: 07/24/2026)
Main Document: STATUS
#26
Jul 27, 2026
FINAL JUDGMENT re: 20 Order entered by Clerk on 7/27/2026. (kmyha) (Entered: 07/27/2026)
Main Document: Judgment
#27
Aug 07, 2026
NON-STIPULATED Proposed Bill of Costs by Petitioner A.A.G.R.. Parties conferred on 8/7/2026. The following category or categories remain under dispute: Fees for service of summons and complaint. Per court procedure, any objection to the Proposed Bill of Costs is due within 14 days (Dawgert, Jessica) (Entered: 08/07/2026)
Main Document: NON-STIPULATED
#28
Aug 07, 2026
MOTION to Enforce by Petitioner A.A.G.R.. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Dawgert, Jessica) (Entered: 08/07/2026)
Main Document: Enforce
#29
Aug 14, 2026
ORDER. Respondents are ORDERED TO SHOW CAUSE by close of business August 18, 2026 as to why Petitioner's Motion to Enforce 28 should not be granted and provide the Court with legal authority demonstrating that Respondents may retain Petitioner's travel documents following his release. SO ORDERED by Judge Regina M. Rodriguez on 8/14/2026. Text Only Entry (rmrlc6, ) (Entered: 08/14/2026)
Aug 14, 2026
Order
#31
Aug 18, 2026
Order on Motion to Enforce
Main Document: Order on Motion to Enforce
#32
Aug 19, 2026
Extension of Time
Main Document: Extension of Time
Aug 19, 2026
Order on Motion for Extension of Time to File