District of Colorado • 1:26-cv-02387

Morales-Valerio v. Baltazar

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Case Information

Filed: May 29, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
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Last Activity: June 16, 2026
Parties: View All Parties →

Docket Entries

#1
May 29, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11045402)Attorney Ginger V. Geissinger added to party ISIDRO MORALES-VALERIO(pty:pet), filed by ISIDRO MORALES-VALERIO. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 PETITIONERS MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION)(Geissinger, Ginger) (Entered: 05/29/2026)
Main Document: APPLICATION
#2
May 29, 2026
Administrative Notice: Attorney contacted with instructions to file their Motion for Temporary Restraining Order/or Preliminary Injunction separately. (Text Only Entry) (agarc, ) (Entered: 05/29/2026)
#3
May 29, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (agarc, ) (Entered: 05/29/2026)
#4
Jun 01, 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 June 8, 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 Rivas v. Baltazar, No. 1:26-cv-00442-SKC, 2026 WL 444732 (D. Colo. Feb. 17, 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 Rivas 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 6/1/2026.Text Only Entry (skclc4) (Entered: 06/01/2026)
Jun 01, 2026
Order
#5
Jun 11, 2026
NOTICE of Entry of Appearance by Tonya Shotwell Andrews on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne MullinAttorney Tonya Shotwell Andrews added to party Juan Baltazar(pty:res), Attorney Tonya Shotwell Andrews added to party Todd Blanche(pty:res), Attorney Tonya Shotwell Andrews added to party Todd Lyons(pty:res), Attorney Tonya Shotwell Andrews added to party Markwayne Mullin(pty:res) (Andrews, Tonya) (Entered: 06/11/2026)
Main Document: NOTICE
#6
Jun 15, 2026
RESPONSE to 4 Order,,,,, TO SHOW CAUSE by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Andrews, Tonya) (Entered: 06/15/2026)
Main Document: RESPONSE
#7
Jun 16, 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, Rivas v. Baltazar, No. 1:26-cv-00442-SKC, 2026 WL 444732 (D. Colo. Feb. 17, 2026). In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Rivas. Dkt. 6, p.2. Accordingly, this Court adopts and incorporates its reasoning from Rivas in full. Furthermore, because Respondents have offered no lawful basis for his detention, the Court concludes Petitioner is entitled to immediate release.Therefore, IT IS ORDERED that Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. The automatic stay regulation, 8 C.F.R. § 1003.19(i)(2), violates Mr. Morales-Valerio's procedural due process rights under the Fifth Amendment;2. Once Mr. Morales-Valerio posts his $5,000 bond, Respondents shall immediately release him from custody. Respondents may not impose 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); 3. To effectuate the purpose of this Court's Order and allow Mr. Morales-Valerio to return home, Respondents are also temporarily enjoined from detaining Mr. Morales-Valerio under 8 U.S.C. § 1226 for a period of fourteen days; and4. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 6/16/2026. Text Only Entry (skclc4) (Entered: 06/16/2026)
Jun 16, 2026
Order