District of Colorado • 1:26-cv-02755

#1

Jun 19, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11089800)Attorney Skylar Madison Larson added to party Jose Del Carmen Soto Reyes(pty:pet), filed by Jose Del Carmen Soto Reyes. (Attachments: # 1 Civil Cover Sheet)(Larson, Skylar) (Entered: 06/19/2026)

#2

Jun 19, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (agarc, ) (Entered: 06/23/2026)

#3

Jun 23, 2026

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

#4

Jun 24, 2026

ORDER: The Court has reviewed Petitioner'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 with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, on or before July 1, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Respondents shall RESPOND to the Petition within five days of service and SHOW CAUSE why the Petition should not be granted.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 6/24/2026. Text Only Entry (skclc4) (Entered: 06/24/2026)

Jun 24, 2026

Order

#5

Jun 25, 2026

AFFIDAVIT/RETURN of Service of ECF Nos. 1 and 4 upon Juan Baltazar, George Valdez, David Venturella, Markwayne Mullin, Todd Blanche, and Kevin Traskos on 06/25/2026, filed by Petitioner Jose Del Carmen Soto Reyes (Larson, Skylar) (Entered: 06/25/2026)

#6

Jul 01, 2026

RESPONSE to 4 Order,,,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Logan P. Brown added to party Juan Baltazar(pty:res), Attorney Logan P. Brown added to party Todd Blanche(pty:res), Attorney Logan P. Brown added to party Markwayne Mullin(pty:res), Attorney Logan P. Brown added to party George Valdez(pty:res), Attorney Logan P. Brown added to party David Venturella(pty:res). (Brown, Logan) (Entered: 07/01/2026)

#7

Jul 16, 2026

Judgment

#8

Aug 06, 2026

RESPONSE to 7 MOTION for Judgment re 1 Application for Writ of Habeas Corpus, filed by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Brown, Logan) (Entered: 08/06/2026)

#9

Aug 06, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case. Dkt. 6, pp.1-2. The Tenth Circuit recently weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that noncitizens who entered the United States and were thereafter detained in the interior of the country are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, No. 26-6019, 2026 WL 1876709, at *5 (10th Cir. June 30, 2026). Considering the Tenth Circuits holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:Petitioner Jose del Carmen Soto Reyes is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining him under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if he is removed from the United States;After Petitioner posts the $15,000 bond previously set by the immigration judge, Respondents SHALL immediately release him from custody;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; andRespondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.IT IS FURTHER ORDERED that Petitioner's 7 Motion for Judgment is DENIED as moot.SO ORDERED by Judge S. Kato Crews on 8/6/2026. Text Only Entry (skclc4) (Entered: 08/06/2026)

Aug 06, 2026

Order on Motion for Judgment