Active
Case Information
Filed: July 30, 2026
Assigned to:
Cyrus Y. Chung
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
August 28, 2026
Parties:
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Docket Entries
#1
Jul 30, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11178277)Attorney Shira N. Hereld added to party C.M.(pty:pet), filed by C.M.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Index of Exhibits, # 3 Exhibit Placeholder for Restricted Exhibits)(Hereld, Shira) (Entered: 07/30/2026)
#2
Jul 30, 2026
RESTRICTED DOCUMENT - Level 1: Restricted Habeas Exhibits to ECF 1 by Petitioner C.M... (Hereld, Shira) Modified on 8/4/2026 to link (eluce, ). (Entered: 07/30/2026)
Main Document:
RESTRICTED
#3
Jul 30, 2026
NOTICE of Entry of Appearance by Anjanette Hamilton on behalf of C.M.Attorney Anjanette Hamilton added to party C.M.(pty:pet) (Hamilton, Anjanette) (Entered: 07/30/2026)
Main Document:
NOTICE
#4
Jul 30, 2026
Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) (Entered: 07/31/2026)
#5
Jul 30, 2026
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 07/31/2026)
Main Document:
Magistrate
#6
Jul 31, 2026
ORDER to Show Cause: Upon review of the Petition, it is hereby ORDERED that, on or before August 3, 2026, the Petitioner shall serve the respondents with the Petition and this Order to Show Cause. Within 48 hours of serving the respondents, the Petitioner shall file proof of service on the docket, and counsel for the respondents shall promptly enter their notices of appearance. It is further ORDERED that, on or before August 10, 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. 4, is August 10, 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 07/31/2026. (agryan) (Entered: 07/31/2026)
Main Document:
Order to Show Cause
#7
Jul 31, 2026
NOTICE of Entry of Appearance by Laura Patricia Lunn on behalf of C.M.Attorney Laura Patricia Lunn added to party C.M.(pty:pet) (Lunn, Laura) (Entered: 07/31/2026)
Main Document:
NOTICE
#8
Aug 02, 2026
NOTICE of Proof of Service by Petitioner C.M. (Attachments: # 1 Exhibit Exhibits A & B - Proof of Service)(Hereld, Shira) (Entered: 08/02/2026)
#9
Aug 03, 2026
Unopposed MOTION for Leave to Restrict by Petitioner C.M.. (Attachments: # 1 Proposed Order (PDF Only))(Hereld, Shira) (Entered: 08/03/2026)
Main Document:
Leave to Restrict
#10
Aug 03, 2026
Unopposed MOTION for Leave to Proceed Under Pseudonym by Petitioner C.M.. (Attachments: # 1 Proposed Order (PDF Only))(Hereld, Shira) (Entered: 08/03/2026)
Main Document:
Leave
#11
Aug 04, 2026
MINUTE ORDER: The Petitioner's Unopposed Motion for Leave to Proceed Under Pseudonym, ECF No. 10, is GRANTED. "Because the general rule is that lawsuits are to be public, a plaintiff should be allowed to proceed anonymously 'only in those exceptional cases involving matters of a highly sensitive and personal nature, real danger or physical harm, or where the injury litigated against would be incurred as a result of the disclosure of the plaintiff's identity.'" Doe v. Regents of Univ. of Colorado, 603 F. Supp. 3d 104, 1018-19 (D. Colo. 2022) (quoting M.M. v. Zavaras, 139 F.3d 798, 803 (10th Cir. 1998)). The Court must also "weigh the public interest in determining whether some form of anonymity is warranted." Femedeer v. Haun, 227 F.3d 1244, 1246 (10th Cir. 2000). The Court has considered the applicable case law and the arguments raised in Petitioner's unopposed motion and finds good cause to permit her to proceed under pseudonym in this case. See, e.g., Doe v. U.S. Immigr. & Customs Enf't, No. 1:23-CV-00971-MLG-JMR, 2024 WL 4389461, at *2-3 (D.N.M. Oct. 3, 2024); M.A. v. Baltazar, No. 26-cv- 00755-NYW, ECF No. 13 (D. Colo. Mar. 4, 2026). While the public undoubtedly has an interest in access to legal proceedings, that interest does not outweigh the exceptional circumstances of this case, which implicates matters of a highly sensitive and personal nature and presents a real danger of physical harm if Petitioner's identity were disclosed. Entered by Magistrate Judge Cyrus Y. Chung on 08/04/2026. Text Only Entry.(agryan) (Entered: 08/04/2026)
Aug 04, 2026
Order on Motion for Leave
#12
Aug 10, 2026
NOTICE of Material Filing Regarding Finality of Petitioner's Removal Order by Petitioner C.M. (Attachments: # 1 Exhibit Exh. A for Notice of Material Filing)(Hereld, Shira) (Entered: 08/10/2026)
#13
Aug 10, 2026
MINUTE ORDER: Petitioner's Unopposed Motion to Restrict Public Access, ECF No. 9, is GRANTED. The Clerk of Court shall maintain ECF No. 1-3 at Level One Restriction pursuant to D.C.COLO.LCivR 7.2. A redacted version of the exhibits formally designated as ECF No. 1-3 are currently filed at ECF No. 2 under Level One Restriction. Entered by Magistrate Judge Cyrus Y. Chung on 08/10/2026. Text Only Entry.(agryan) (Entered: 08/10/2026)
#14
Aug 10, 2026
CONSENT to Jurisdiction of Magistrate Judge by Petitioner C.M. All parties consent.. (Hereld, Shira) (Entered: 08/10/2026)
Main Document:
CONSENT
#15
Aug 10, 2026
NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney 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 Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party George Valdez(pty:res), Attorney Elizabeth Erin Puskar added to party David J. Venturella(pty:res) (Puskar, Elizabeth) (Entered: 08/10/2026)
Main Document:
NOTICE
#16
Aug 10, 2026
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Puskar, Elizabeth) (Entered: 08/10/2026)
Main Document:
Extension of Time to File Answer or Otherwise Respond
Aug 10, 2026
Order on Motion for Leave to Restrict
#17
Aug 11, 2026
RESPONSE to 16 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Application for Writ of Habeas Corpus, in Opposition filed by Petitioner C.M.. (Attachments: # 1 Exhibit Exhibit A for Opposition to Respondents' Motion for Extension)(Hereld, Shira) (Entered: 08/11/2026)
Main Document:
RESPONSE
#18
Aug 11, 2026
MINUTE ORDER: Before the Court is the respondents' Motion for an Extension of Time to Respond to the Application for Writ of Habeas Corpus and Order to Show Cause, ECF No. 16 . The respondents seek a 15-day extension of their time to respond on the grounds that the Petition presents issues that require additional research and original briefing. Id. at 2-3. The petitioner opposes the request. ECF No. 17 . The petitioner contends that the respondents "have been on notice of the arguments contained in this petition" for two months," because the petitioner previously filed a petition for writ of habeas corpus that was denied without prejudice, C.M. v. Baltazar, 1:26-CV-02561-CNS, 2026 WL 1862034 (D. Colo. Jun. 10. 2026). Id. at 2. The petitioner also observes correctly that the motion does not comply with the Court's Uniform Practice Standards. D.C.COLO.MJ V.7 (requiring a motion seeking an extension must be made three business days before the operative deadline). The Court partially agrees with the petitioner that the respondents have not shown the good cause necessary for an extension of two weeks but is not inclined to grant a petition of habeas corpus involving contested issues of fact and law without affording the government some additional time to prepare an appropriate response. The motion, ECF No. 16, is therefore GRANTED to the extent that respondents must file their opposition on or before August 17, 2026. The petitioner may file a reply brief on or before August 24, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 08/11/2026. Text Only Entry.(agryan) (Entered: 08/11/2026)
Aug 11, 2026
Order on Motion for Extension of Time to Answer or Otherwise Respond
#19
Aug 17, 2026
NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Andrew M. Soler added to party Juan Baltazar(pty:res), Attorney Andrew M. Soler added to party Todd Blanche(pty:res), Attorney Andrew M. Soler added to party Markwayne Mullin(pty:res), Attorney Andrew M. Soler added to party George Valdez(pty:res), Attorney Andrew M. Soler added to party David J. Venturella(pty:res) (Soler, Andrew) (Entered: 08/17/2026)
Main Document:
NOTICE
#20
Aug 17, 2026
RESPONSE to 18 Order on Motion for Extension of Time to Answer or Otherwise Respond,,,,,, 6 Order to Show Cause,,,, 1 Application for Writ of Habeas Corpus, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Soler, Andrew) (Entered: 08/17/2026)
Main Document:
RESPONSE
#21
Aug 17, 2026
NOTICE of Material Filing Regarding Finality of Petitioner's Removal Order by Petitioner C.M. (Attachments: # 1 Exhibit)(Hereld, Shira) (Entered: 08/17/2026)
#22
Aug 20, 2026
REPLY to Response to Order to Show Cause by Petitioner C.M.. (Hereld, Shira) (Entered: 08/20/2026)
Main Document:
REPLY
#23
Aug 21, 2026
ORDER: For the foregoing reasons, it is hereby ORDERED that the Petition, ECF No. 1, is GRANTED in part. It is further ORDERED that: (1) The petitioner's prolonged detention under 8 U.S.C. § 1226(c) violates the Due Process Clause of the Fifth Amendment of the U.S. Constitution; (2) The respondents shall RELEASE the petitioner on or before 5:00 p.m. on Monday, August 24, 2026. Her release may be subject to reasonable conditions imposed by the Department of Homeland Security, not to include the imposition of GPS monitoring; (3) The respondents shall return any of the petitioner's belongings that are in their possession; (4) The respondents shall file a status report within seven days of this ORDER informing the Court of petitioner's release and the return of her belongings; (5) If the petitioner believes she has a good faith basis to file a petition requesting attorneys fees and costs under the Equal Access to Justice Act ("EAJA"), she may file her petition in accordance with the deadlines and requirements set by the EAJA. Entered by Magistrate Judge Cyrus Y. Chung on 8/21/2026. (eluce) (Entered: 08/21/2026)
#24
Aug 28, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, George Valdez, David J. Venturella. (Wertheim, Elliot) (Entered: 08/28/2026)
Main Document:
STATUS
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