District of Colorado • 1:26-cv-02958

Costa v. Blanche

Completed

Case Information

Filed: July 01, 2026
Assigned to: William Joseph Martinez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: July 29, 2026
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11114474)Attorney David Alberto Rondon added to party Hudson Luiz Costa(pty:pla), filed by Hudson Luiz Costa. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons Blanche, # 3 Summons Summons Margolin, # 4 Summons Summons Mullin, # 5 Summons Summons Lyons, # 6 Summons Summons Walker, # 7 Summons Summons Baltazar, # 8 Entry of Appearance, # 9 Exhibit Exhibit 1, # 10 Exhibit Exhibit 2, # 11 Exhibit Exhibit 3, # 12 Exhibit Exhibit 4, # 13 Exhibit Exhibit 5, # 14 Exhibit Exhibit 6, # 15 Exhibit Exhibit 7, # 16 Exhibit Exhibit 8, # 17 Exhibit Exhibit 9)(Rondon, David) (Entered: 07/01/2026)
Main Document: First
#2
Jul 01, 2026
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (manoe, ) (Entered: 07/01/2026)
#3
Jul 01, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued for this case type. (manoe, ) (Entered: 07/01/2026)
Main Document: Magistrate
#4
Jul 02, 2026
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 7/2/2026. Text Only Entry (wjmja, ) (Entered: 07/02/2026)
#5
Jul 02, 2026
ORDER DIRECTING RESPONDENTS TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE it is ORDERED that Petitioner shall serve Respondents with a copy of the Petition, and all accompanying papers, along with a copy of this Order, by electronic mail on or before July 3, 2026. The Court further ORDERS Respondents to Show Cause why the Petition should not be granted by no later than July 10, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, and in order to preserve this Courts jurisdiction, Respondents are hereby ENJOINED from removing, transferring, or causing to remove or transfer, Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. SO ORDERED by Judge William J. Martinez on 07/02/2026. (jrobe, ) (Entered: 07/02/2026)
Main Document: Order to Show Cause
Jul 02, 2026
Order
#6
Jul 04, 2026
SUMMONS Returned Executed by Hudson Luis Costa. Juan Baltazar served on 7/3/2026, answer due 7/24/2026; Todd Blanche served on 7/3/2026, answer due 7/24/2026; Todd Lyons served on 7/3/2026, answer due 7/24/2026; Daren K. Margolin served on 7/3/2026, answer due 7/24/2026; Markwayne Mullin served on 7/3/2026, answer due 7/24/2026; Kelei Walker served on 7/3/2026, answer due 7/24/2026. (Attachments: # 1 Receipt Return of Service Blanche, # 2 Receipt Return of Service Margolin, # 3 Receipt Return of Service Mullin, # 4 Receipt Return of Service Lyons, # 5 Receipt Return of Service Walker, # 6 Receipt Return of Service Baltazar)(Rondon, David) (Entered: 07/04/2026)
Main Document: SUMMONS
#7
Jul 08, 2026
RESPONSE to 5 Order to Show Cause,,, 1 Application for Writ of Habeas Corpus,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Daren K. Margolin, Markwayne Mullin, Kelei WalkerAttorney 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 Daren K. Margolin(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullin(pty:res), Attorney Timothy Bart Jafek added to party Kelei Walker(pty:res). (Jafek, Timothy) (Entered: 07/08/2026)
Main Document: RESPONSE
#8
Jul 15, 2026
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: 1. The Court's Order to Show Cause (ECF No. 5 ) is MADE ABSOLUTE and Costa's Petition (ECF No. 1 ) is GRANTED; 2. The Court GRANTS this relief to Costa pursuant to Counts I, II, and III of the Petition. It does not reach the merits of Counts IV and V; 3. By no later than this Friday, July 17, 2026, Respondents shall IMMEDIATELY RELEASE Costa on his own recognizance, along with all his personal belongings, and they shall facilitate Costa's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address; 4. No onerous conditions of release shall be unilaterally imposed by Respondents on Costa, including without limitation mandating that he wear GPS monitoring, submit to mandatory reporting, or have his movements otherwise restricted; 5. Respondents are ENJOINED from re-arresting or re-detaining Costa unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C § 1226(a).6. During such periods of time as Costa remains in Respondents' custody, Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Costa from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order;7. Should Costa believe he has a good faith basis to seek attorney's fees pursuant to the Equal Access to Justice Act, he is GRANTED leave to file a motion seeking the same, along with all supporting documentation, by no later than August 12, 2026. Respondents shall file a response by no later than September 2, 2026, and Costa shall file a reply by no later than September 16, 2026; and 8. Judgment shall enter in Costas favor and against Respondents on July 29, 2026, UNLESS prior thereto the Court is informed that Respondents have failed to fully and timely comply with the terms of this Order. SO ORDERED by Judge William J. Martinez on 07/15/2026. (jrobe, ) (Entered: 07/15/2026)
Main Document: Order
#9
Jul 29, 2026
FINAL JUDGMENT in favor of Hudson Luis Costa against Todd Blanche, Daren K. Margolin, Markwayne Mullin, Todd Lyons, Kelei Walker, Juan Baltazar pursuant to the 8 Order Granting Petition for Writ of Habeas Corpus. Entered by Clerk on 7/29/2026. (hguer) (Entered: 07/29/2026)
Main Document: Judgment
#10
Aug 19, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Daren K. Margolin, Markwayne Mullin, Kelei WalkerAttorney 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 Daren K. Margolin(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party Kelei Walker(pty:res) (Puskar, Elizabeth) (Entered: 08/19/2026)
Main Document: NOTICE
#11
Aug 20, 2026
MOTION to Withdraw as Attorney by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Daren K. Margolin, Markwayne Mullin, Kelei Walker. (Jafek, Timothy) (Entered: 08/20/2026)
Main Document: Withdraw as Attorney
#12
Aug 20, 2026
ORDER granting the Motion for Leave to Withdraw as Co-Counsel for Respondents Under D.C.COLO.LAttyR 5(b) ("Motion") 11 . The Motion is GRANTED for good cause shown. Timothy Bart Jafek is hereby granted leave to withdraw from this case, as Respondents will continue to be represented in this matter by Attorney Elizabeth Puskar. The Clerk shall terminate all further CM/ECF notifications to Mr. Jafek in this case. SO ORDERED by Judge William J. Martinez on 8/20/2026. Text Only Entry(wjmja, ) (Entered: 08/20/2026)
Aug 20, 2026
Order on Motion to Withdraw as Attorney