District of Colorado • 1:26-cv-03331

#1

Jul 23, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11161828)Attorney Skylar Madison Larson added to party Ever Cruz Cruz(pty:pet), filed by Ever Cruz Cruz. (Attachments: # 1 Civil Cover Sheet)(Larson, Skylar) (Entered: 07/23/2026)

#2

Jul 23, 2026

Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (jberr, ) (Entered: 07/23/2026)

#3

Jul 23, 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: 07/23/2026)

#4

Jul 24, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Respondents shall show cause within five days from the date that Petitioner effects service why the Petition [# 1 ] should 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 [# 3 ] is the same as Respondents' deadline to file a Response. 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 Tenth Circuit Court of Appeals vacates this Order. Entered by Magistrate Judge Kathryn A. Starnella on 7/24/2026. (echa, ) (Entered: 07/24/2026)

#5

Jul 27, 2026

AFFIDAVIT/RETURN of Service of ECF Nos. 1 and 4 upon Kevin Traskos, Respondents' Attorney on 07/24/2026, filed by Petitioner Ever Cruz Cruz (Larson, Skylar) (Entered: 07/27/2026)

#6

Jul 28, 2026

NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Anh Weinberg added to party Juan Baltazar(pty:res), Attorney Anh Weinberg added to party Todd Blanche(pty:res), Attorney Anh Weinberg added to party Markwayne Mullin(pty:res), Attorney Anh Weinberg added to party George Valdez(pty:res), Attorney Anh Weinberg added to party David Venturella(pty:res) (Weinberg, Anh) (Entered: 07/28/2026)

#7

Jul 28, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella All parties do not consent.. (Weinberg, Anh) (Entered: 07/28/2026)

#8

Jul 28, 2026

MINUTE ORDER. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [# 7 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non- Consent Form [# 7 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv- 03331-DDD). Entered by Magistrate Judge Kathryn A. Starnella on 7/28/2026. Text Only Entry. (echa, ) (Entered: 07/28/2026)

Jul 28, 2026

Order Reassigning Case

#9

Jul 29, 2026

First MOTION for Extension of Time to File Answer or Otherwise Respond to Application for Writ of Habeas Corpus by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Weinberg, Anh) (Entered: 07/29/2026)

#10

Jul 29, 2026

ORDER GRANTING 9 Motion for Extension of Time to Respond.The respondents must show cause by 8/5/2026 why 1 Petition for Writ of Habeas Corpus should not be granted.The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 7/29/2026. Text Only Entry (dddlc1, ) (Entered: 07/29/2026)

Jul 29, 2026

Order on Motion for Extension of Time to Answer or Otherwise Respond

#11

Jul 30, 2026

ORDER REASSIGNING CASE. Pursuant to Local Civil Rule 40.1 and the approval of the Chief Judge, the Clerk of Court is directed to reassign this case to Judge S. Kato Crews. All future pleadings should be designated 1:26-cv-03331-SKC. SO ORDERED by Chief Judge Daniel D. Domenico on 07/30/2026. Text Only Entry. (agryan) (Entered: 07/30/2026)

#12

Jul 30, 2026

MOTION for Discovery by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 07/30/2026)

Jul 30, 2026

Order Reassigning Case

#13

Aug 05, 2026

ANSWER to Complaint by Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella.(Weinberg, Anh) (Entered: 08/05/2026)

#14

Aug 11, 2026

REPLY to 1 Application for Writ of Habeas Corpus, by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 08/11/2026)

#15

Aug 20, 2026

RESPONSE to 12 MOTION for Discovery filed by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Weinberg, Anh) (Entered: 08/20/2026)

#16

Aug 28, 2026

REPLY to Response to 12 MOTION for Discovery filed by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 08/28/2026)

#17

Sep 22, 2026

MOTION to Expedite by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 09/22/2026)

#18

Oct 13, 2026

Renewed MOTION to Expedite by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 10/13/2026)

#19

Oct 19, 2026

ORDER: The Court has carefully reviewed Ever Cruz Cruz's 1 Application for Writ of Habeas Corpus. In his Petition, Cruz asserts his unreasonably prolonged detention violates his substantive due process rights. Dkt. 1, p.15. Cruz has been detained since December 5, 2025, so to date, he has been detained for more than 10 months. Id. at p.2. Critically, however, Cruz's immigration case is still ongoing, so his "detention is pending adjudication of his removability from the country and, as such, it is not indefinite." Vila Diaz v. Baltazar, No. 26-cv-00517-NYW, 2026 WL 1649019, at *5 (D. Colo. June 8, 2026) (internal quotations omitted). And the Supreme Court "has recognized detention during deportation proceedings as a constitutionally valid aspect of the deportation process." Id. (quoting Demore v. Kim, 538 U.S. 510, 523 (2003)).However, even if a petitioner is validly detained during the pendency of their removal proceedings, there must be a point in time where the detention becomes so prolonged that it violates their substantive due process rights. Id. ("[T]he Court does not doubt that detention under § 1226(a) may become so prolonged that it violates a detainee's substantive due process rights."). Other courts in the 10th Circuit analyzing whether prolonged detention violates a petitioner's substantive due process rights have considered the following factors: (1) the total length of detention to date; (2) the likely duration of future detention; (3) the conditions of detention; (4) delays in the removal proceedings caused by the detainee; (5) delays in the removal proceedings caused by the government; and (6) the likelihood that removal proceedings will result in a final order of removal. Tabatabaei v. Figueroa, No. VIV-26-1048-G, 2026 WL 2323603, at *5 (W.D. Okla. Aug. 11, 2026).Accordingly, the parties are HEREBY ORDERED to file simultaneous briefs on these factors and any other issues it thinks the Court should consider to determine whether Cruz's 10-month detention violates his substantive due process rights. The parties SHALL FILE their briefs on or before Wednesday, October 21, 2026.In addition, should the Court grant Cruz's Petition, the relief it grants (i.e., a bond hearing or immediate release) depends in part on Cruz's criminal history. Thus, the parties should include in their briefs a discussion of Cruz's criminal history. In addition, the allegedly threatening text messages could factor into the Court's analysis. As such, Respondents are HEREBY ORDERED to produce and file these messages by October 21, 2026. If Respondents are unable to produce the messages, they shall inform the Court of the steps they took to obtain the messages and why they were unable to produce them.Because the Court orders production of the messages, Petitioner's 12 Motion for Discovery is DENIED as moot.SO ORDERED by Judge S. Kato Crews on 10/19/2026. Text Only Entry (skclc4) (Entered: 10/19/2026)

Oct 19, 2026

Order on Motion for Discovery

#20

Oct 21, 2026

BRIEF re 19 Order on Motion for Discovery,,,,,,,,,,,, by Petitioner Ever Cruz Cruz. (Larson, Skylar) (Entered: 10/21/2026)

#21

Oct 21, 2026

RESPONSE to 19 Order on Motion for Discovery,,,,,,,,,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David VenturellaAttorney Jane Bobet Rejko added to party Juan Baltazar(pty:res), Attorney Jane Bobet Rejko added to party Todd Blanche(pty:res), Attorney Jane Bobet Rejko added to party Markwayne Mullin(pty:res), Attorney Jane Bobet Rejko added to party George Valdez(pty:res), Attorney Jane Bobet Rejko added to party David Venturella(pty:res). (Bobet Rejko, Jane) (Entered: 10/21/2026)

#22

Oct 22, 2026

ORDER For the reasons shared in the attached Order, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Petitioner's Motions to Expedite 17, 18 are DENIED as moot.SO ORDERED by Judge S. Kato Crews on 10/22/2026. (skclc4) (Entered: 10/22/2026)

#23

Oct 23, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David Venturella. (Weinberg, Anh) (Entered: 10/23/2026)

#24

Oct 26, 2026

ORDER re: 23 Status Report filed by Respondents. 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 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 10/26/2026. Text Only Entry (skclc4) (Entered: 10/26/2026)

#25

Oct 26, 2026

FINAL JUDGMENT pursuant to Orders 22 and 24 . Entered by the Clerk of the Court on 10/26/2026. (cpear) (Entered: 10/26/2026)

Oct 26, 2026

Order