District of Colorado • 1:26-cv-02488

Hernandez Ramirez v. Baltazar

Completed

Case Information

Filed: June 04, 2026
Assigned to: Susan Prose
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: September 25, 2026
Last Activity: September 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 04, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11059293)Attorney Ginger V. Geissinger added to party Israel HERNANDEZ RAMIREZ(pty:pet), filed by Israel HERNANDEZ RAMIREZ. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Geissinger, Ginger) (Entered: 06/04/2026)
Main Document: APPLICATION
#2
Jun 04, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, filed by attorney Ginger V. Geissinger. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (dhern, ) (Entered: 06/05/2026)
#3
Jun 04, 2026
Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (dhern, ) (Entered: 06/05/2026)
#4
Jun 05, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dhern, ) (Entered: 06/05/2026)
Main Document: Magistrate
#5
Jun 26, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on June 26, 2026. This matter is before the court on Petitioner Israel Hernandez Ramirez's "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241" (ECF No. 1 ). Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before June 29, 2026 . Petitioner shall file proof of service. Within seven days of service, respondents shall show cause why the 1 "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241" 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."). In doing so, Respondents are asked to address whether the issues presented here are materially different from the issues this court has resolved in its prior rulings in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026). Petitioner may file a reply within seven days of Respondents filing their response. In addition, the Supreme Court has recognized that the express authority granted by the All Writs Act, 28 U.S.C. § 1651, empowers lower courts, in limited circumstances, to issue temporary injunctions as may be necessary to protect the status quo or their own jurisdiction. See FTC v. Dean Foods Co., 384 U.S. 597, 603, 608 (1966). "Unless appropriately confined by Congress, a federal court may avail itself of all auxiliary writs as aids in the performance of its duties, when the use of such historic aids is calculated in its sound judgment to achieve the ends of justice entrusted to it." United States v. N.Y. Tel. Co., 434 U.S. 159, 17273 (1977) (quotation omitted). 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 into the jurisdiction of any other federal district court within the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See Vizguerra-Ramirez v. Choate, No. 25-cv-00881-NYW, ECF No. 11 at 45 (D. Colo. Mar. 21, 2025) (collecting cases); Vazquez v. Baltazar, No. 25-cv-03049-GPG-TPO, ECF No. 11 (D. Colo. Oct. 2, 2025); Dean Foods Co., 384 U.S. at 603; Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992).It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 4 ) no later than seven days from the date of this Order. Text Only Entry (sjeff) (Entered: 06/26/2026)
Jun 26, 2026
Minute Order
#6
Jul 06, 2026
RESPONSE to 1 Application for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne MullinsAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullins(pty:res). (Jafek, Timothy) (Entered: 07/06/2026)
Main Document: RESPONSE
#7
Jul 06, 2026
CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullins All parties consent.. (Jafek, Timothy) (Entered: 07/06/2026)
Main Document: CONSENT
#8
Jul 07, 2026
ORDER OF REFERENCE. 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 7 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Susan Prose, 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 7/7/2026. Text Only Entry. (rkeec) (Entered: 07/07/2026)
Jul 07, 2026
Order on Consent to Jurisdiction of Magistrate Judge
#9
Aug 19, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne MullinsAttorney Elizabeth Erin Puskar added to party Juan Baltazar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Lyons(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullins(pty:res) (Puskar, Elizabeth) (Entered: 08/19/2026)
Main Document: NOTICE
#10
Aug 20, 2026
MOTION to Withdraw as Attorney by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullins. (Jafek, Timothy) (Entered: 08/20/2026)
Main Document: Withdraw as Attorney
#11
Aug 26, 2026
ORDER GRANTING MOTION TO WITHDRAW by Magistrate Judge Susan Prose on 08/26/2026.Timothy Jafek is no longer counsel for Respondents and the Clerk's Office is requested to remove Mr. Jafek from the ECF distribution list for the case.Respondents continue to be represented by attorney Elizabeth Puskar, who shall serve a copy of the Motion and this Order to their client. See D.C.COLO.LAttyR 5.1(b). Text Only Entry(sjeff) (Entered: 08/26/2026)
Aug 26, 2026
Order on Motion to Withdraw as Attorney
#12
Sep 10, 2026
ORDER by Magistrate Judge Susan Prose on 09/10/2026. The 1 Application for Writ of Habeas Corpus (the "Petition") is GRANTED in part. In light of Respondents' decision to forego filing a brief in opposition to the Petition, it is ORDERED that Respondents, within seven days of the date of this order, shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), during which the government shall bear the burden of proving that Petitioner's continued detention is justified by clear and convincing evidence. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1251 n. 13 (10th Cir. 2026) (citations omitted); see also, e.g., Garcia Abanil v. Baltazar, 817 F. Supp. 3d 1148, 1159 (D. Colo. 2026) ("[T]he weight of authority in this District is clear: it is the Government's burden to justify a noncitizen's continued detention at a bond hearing." (citation modified) (collecting cases)); Arredondo v. Baltazar, No. 25-cv-03040-RBJ, 2025 WL 4083607, at *4 (D. Colo. Oct. 31, 2025) (finding that "the clear and convincing standard that generally applies to civil detention where liberty is at stake is appropriate here as well"). But see De La Cruz v. Baltazar, No. 26-cv-00360-PAB, 2026 WL 439217, at *4 (D. Colo. Feb. 17, 2026) (declining to place this burden on the government in a similar case). It is further ORDERED that within five days of Petitioners bond hearing, the parties shall file a status report indicating whether the bond hearing was held and whether bond was granted or denied. Text Only Entry (sjeff) (Entered: 09/10/2026)
Sep 10, 2026
Order
#13
Sep 18, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullins. (Puskar, Elizabeth) (Entered: 09/18/2026)
Main Document: STATUS
#14
Sep 25, 2026
MINUTE ORDER by Magistrate Judge Susan Prose on 09/25/2026. This matter is before the court on Respondents' 13 Status Report. On September 10, 2026, the court granted petitioner's habeas petition and ordered respondents to provide petitioner with a bond hearing within seven days of the date of the court's order (ECF No. 12 ). Respondents have now filed a status report informing the court that an immigration judge conducted a custody re-determination hearing in Petitioner's immigration proceedings on September 16, 2026, at which the immigration judge denied bond (ECF No. 13 ). Accordingly, the court will close the case. Text Only Entry (sjeff) (Entered: 09/25/2026)
#15
Sep 25, 2026
FINAL JUDGMENT pursuant to Orders 12 and 14 . Entered by the Clerk of the Court on 09/25/2026. (sjeff) (Entered: 09/25/2026)
Main Document: Judgment - Clerk
Sep 25, 2026
Order