District of Colorado • 1:26-cv-02565

#1

Jun 10, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11069827)Attorney Alexander Martinez added to party Fredy Contreras Moreno(pty:pet), filed by Fredy Contreras Moreno. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Martinez, Alexander) (Entered: 06/10/2026)

#2

Jun 10, 2026

Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (jberr, ) (Entered: 06/10/2026)

#3

Jun 10, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jberr, ) (Entered: 06/10/2026)

#4

Jun 11, 2026

ORDER to Show Cause: Upon review of the Petition, it is hereby ORDERED that, on or before June 15, 2026, the Petitioner shall serve the respondents with the Petition and this Order to Show Cause. It is further ORDERED that, on or before June 22, 2026, the respondents shall SHOW CAUSE why the Petition shall not be granted. It is further ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, ECF No. 3, is June 22, 2026. Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, it is further ORDERED that the respondents SHALL NOT REMOVE the 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. Entered by Magistrate Judge Cyrus Y. Chung on 6/11/2026. (eluce) (Entered: 06/11/2026)

#5

Jun 16, 2026

NOTICE re 4 Order,,,, Order to Show Cause,,, of Filing Proof of Service by Petitioner Fredy Contreras Moreno (Attachments: # 1 Exhibit Exhibit A: Electronic Delivery Confirmation)(Martinez, Alexander) (Entered: 06/16/2026)

#6

Jun 22, 2026

NOTICE of Entry of Appearance by Bryan David Fields on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Bryan David Fields added to party Juan Baltazar(pty:res), Attorney Bryan David Fields added to party Todd Blanche(pty:res), Attorney Bryan David Fields added to party Markwayne Mullin(pty:res), Attorney Bryan David Fields added to party George Valdez(pty:res), Attorney Bryan David Fields added to party David Venturella(pty:res) (Fields, Bryan) (Entered: 06/22/2026)

#7

Jun 22, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus and 4 Order to Show Cause by Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Attachments: # 1 Exhibit A)(Fields, Bryan) Modified on 6/24/2026 to update title (ggill, ). (Entered: 06/22/2026)

#8

Jun 23, 2026

MINUTE ORDER: This matter is before the Court sua sponte. On June 11, 2026, the Court set June 22, 2026 as the deadline for the parties to file the Consent Form. ECF No. 4 at 2. No Consent Form has been filed. Accordingly, the Court directs the Clerk of the Court to REASSIGN this case under D.C.COLO.LCivR 40.1(a). (This case is randomly reassigned to Judge R. Brooke Jackson, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-02565-RBJ.) Text Only Entry. (agryan) (Entered: 06/23/2026)

#9

Jun 23, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) (Entered: 06/23/2026)

#10

Jun 23, 2026

MEMORANDUM RETURNING CASE, by Judge R. Brooke Jackson. This case is randomly returned to Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 26-cv-2565-SKC (angar, ) (Entered: 06/24/2026)

#11

Jun 25, 2026

NOTICE re 9 Magistrate Judge CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE by Petitioner Fredy Contreras Moreno (Martinez, Alexander) (Entered: 06/25/2026)

#12

Jun 26, 2026

ORDER Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. Magistrate Judge Chung ordered Respondents to respond to the Petition and show cause why it should not be granted. See Dkt. 4. In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from other cases courts in the District of Colorado have resolved. Dkt. 7, p.2. Accordingly, this Court adopts and incorporates its reasoning in full from a substantially similar case it has resolved, Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159 (D. Colo. Dec. 23, 2025). 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. Contreras Moreno 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. Contreras Moreno remains within the United States. This Order shall cease to apply if he is removed from the United States;2. Respondents shall immediately release Mr. Contreras Moreno from detention without imposing an ankle monitor or any other condition not specifically imposed in writing by an immigration judge. See Batz Barreno v. Baltasar, No. 25-cv-03017-GPG-TPO, 2026 WL 120253, at *2 (D. Colo. Jan. 15, 2026) (concluding use of a GPS ankle monitor constitutes custody for the purposes of habeas corpus and due process);3. If Mr. Contreras Moreno 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. Contreras Moreno 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; and 6. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 6/26/2026. Text Only Entry (skclc4) (Entered: 06/26/2026)

Jun 26, 2026

Order

#13

Jun 29, 2026

ORDER This matter is before the Court on 11 Notice of Consent to Magistrate Judge Jurisdiction. The Court strikes the Notice as untimely. The parties have missed the deadline to consent and therefore, the undersigned will continue to preside over this matter. SO ORDERED by Judge S. Kato Crews on 6/29/2026. Text Only Entry (skcja, ) (Entered: 06/29/2026)

Jun 29, 2026

Order