District of Colorado • 1:26-cv-03173

M v. Baltazar

Completed

Case Information

Filed: July 15, 2026
Assigned to: Shane Kato Crews
Referred to: Susan Prose
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: August 03, 2026
Last Activity: August 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 15, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11144178)Attorney Matthew Dumont Clark added to party M M(pty:pet), filed by M M. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(Clark, Matthew) (Entered: 07/15/2026)
Main Document: APPLICATION
#2
Jul 15, 2026
RESTRICTED DOCUMENT - Level 1: Exhibits A-I of VERIFIED PETITION FOR WRIT OF HABEAS CORPUS by Petitioner M M.. (Clark, Matthew) (Entered: 07/15/2026)
Main Document: RESTRICTED
#3
Jul 15, 2026
Emergency MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION by Petitioner M M. (Marks, Melissa) (Entered: 07/15/2026)
Main Document: Temporary Restraining Order
#4
Jul 15, 2026
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Application for Writ of Habeas Corpus, 2 Restricted Document - Level 1 filed by attorney Matthew D. Clark. 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) (manoe, ) (Entered: 07/16/2026)
#5
Jul 15, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. Text Only Entry. (manoe, ) (Entered: 07/16/2026)
#6
Jul 15, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 07/16/2026)
Main Document: Magistrate
#7
Jul 16, 2026
ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by M.M., 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 July 23, 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, it appears to be well-founded. Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why it 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 7/16/2026. Text Only Entry (skclc1) (Entered: 07/16/2026)
#8
Jul 16, 2026
ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 7/16/2026. Text Only Entry (skcja, ) (Entered: 07/16/2026)
Jul 16, 2026
Order Referring Case to Magistrate Judge
Jul 16, 2026
Order
#9
Jul 21, 2026
Leave
Main Document: Leave
#10
Jul 21, 2026
Leave to Restrict
Main Document: Leave to Restrict
#11
Jul 21, 2026
CERTIFICATE of Mailing/Service by Petitioner M. M.. (Clark, Matthew) (Entered: 07/21/2026)
Main Document: CERTIFICATE
#12
Jul 21, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner M. M. All parties do not consent.. (Clark, Matthew) (Entered: 07/21/2026)
Main Document: CONSENT
#13
Jul 24, 2026
RESPONSE to 7 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Nicholas Albert Deuschle added to party Juan Baltazar(pty:res), Attorney Nicholas Albert Deuschle added to party Todd Blanche(pty:res), Attorney Nicholas Albert Deuschle added to party Markwayne Mullin(pty:res), Attorney Nicholas Albert Deuschle added to party George Valdez(pty:res), Attorney Nicholas Albert Deuschle added to party David J. Venturella(pty:res). (Deuschle, Nicholas) (Entered: 07/24/2026)
Main Document: RESPONSE
#14
Jul 27, 2026
TRAVERSE by Petitioner M. M.. (Clark, Matthew) (Entered: 07/27/2026)
Main Document: TRAVERSE
#15
Jul 29, 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. 13, pp.12. Where, as here, "a party files a response to a motion but does not address all arguments which the motion raises, the party has effectively conceded the arguments which it does not address." Alfaro Herrera v. Baltazar, No. 1:25-cv-04014-CNS, 2026 WL 91470, at *5 (D. Colo. Jan. 13, 2026) (quoting Series 17-03-615 v. Teva Pharms. USA, Inc., 785 F. Supp. 3d 904, 935 (D. Kan. 2025)); see also C1.G ex rel C.G. v. Siegfried, 38 F.4th 1270, 1282 (10th Cir. 2022). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful bases for his detention, 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, Respondents SHALL immediately release Petitioner and provide at least two-hour's notice to Petitioner's counsel regarding the timing and circumstances of his release. Respondents SHALL FILE a status report within TWO DAYS of this Order certifying compliance. Petitioner's 3 Emergency Motion for Temporary Restraining Order is DENIED AS MOOT.IT IS FURTHER ORDERED Petitioner's 9 Unopposed Motion for Leave to Proceed under Pseudonym is GRANTED and Petitioner shall be referred to as M.M. in all filings in this matter.IT IS FURTHER ORDERED Petitioner's 10 Unopposed Motion for Leave to Restrict is GRANTED. The Clerk of Court is HEREBY ORDERED to maintain Dkt. 2 under a Level 1 restriction.SO ORDERED by Judge S. Kato Crews on 7/29/2026. Text Only Entry (skclc4) (Entered: 07/29/2026)
Jul 29, 2026
Order
#16
Jul 31, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Deuschle, Nicholas) (Entered: 07/31/2026)
Main Document: STATUS
#17
Aug 03, 2026
ORDER re: 16 Status Report filed by Juan Baltazar, George Valdez, Markwayne Mullin, David Venturella, and Todd Blanche. In light of Respondents' certification of compliance with this Court's Order, the Clerk of Court shall enter judgment and close this case. IT IS FURTHER ORDERED the Court's previous 7 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 8/3/2026. Text Only Entry (skclc4) (Entered: 08/03/2026)
#18
Aug 03, 2026
Judgment
Main Document: Judgment
Aug 03, 2026
Order