District of Colorado • 1:26-cv-03571

Velasco-Garcia v. Baltazar

Active

Case Information

Filed: August 05, 2026
Assigned to: Shane Kato Crews
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Active
Last Activity: August 18, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 06, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11192520)Attorney Joseph Francis Rosales, III added to party CUAUHTEMOC VELASCO GARCIA (pty:pet), filed by CUAUHTEMOC VELASCO GARCIA. (Attachments: # 1 Exhibit Exhibit List, # 2 Civil Cover Sheet Civil Cover Sheet)(Rosales, Joseph) (Entered: 08/06/2026)
Main Document: First
#2
Aug 06, 2026
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (manoe, ) (Entered: 08/06/2026)
#3
Aug 06, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (manoe, ) (Entered: 08/06/2026)
Main Document: Magistrate
#4
Aug 06, 2026
ADVISORY NOTICE TO ATTORNEY(S) AND COURT: Attorney Michelle Medrano Sanchez attempted to enter an appearance in this case by affixing their "s/" signature to Docket Entry No. 1 . D.C.COLO.LAttyR 5(a)(5) requires that an attorney be a member of the bar of this Court to enter a valid appearance as counsel of record. Counsel does not appear on the Attorney Roll of this Court because Counsel has not been admitted to practice in the District of Colorado; therefore, the purported entry of appearance by counsel cannot be recognized. Upon admission to the bar of this Court, counsel may then file a Notice of Entry of Appearance in this case. (Text Only Entry) (zcoth) (Entered: 08/06/2026)
#5
Aug 06, 2026
ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Cuauhtemoc Velasco-Garcia, 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 August 13, 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 8/6/2026. Text Only Entry (skclc4) (Entered: 08/06/2026)
Aug 06, 2026
Order
#9
Aug 14, 2026
NOTICE of Entry of Appearance by Andrew M. Soler on behalf of Juan Baltazar, Todd Blanche, Markwayne Mullin, 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 David J. Venturella(pty:res) (Soler, Andrew) (Entered: 08/14/2026)
Main Document: NOTICE
#10
Aug 14, 2026
RESPONSE to 5 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella. (Soler, Andrew) (Entered: 08/14/2026)
Main Document: RESPONSE
#11
Aug 17, 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. 10, p.1. 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. Respondents SHALL FILE a status report within TWO DAYS of this Order certifying compliance.IT IS FURTHER ORDERED To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are temporarily enjoined from detaining Petitioner for a period of fourteen days.SO ORDERED by Judge S. Kato Crews on 8/17/2026. Text Only Entry (skclc4) (Entered: 08/17/2026)
Aug 17, 2026
Order
#12
Aug 18, 2026
STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Markwayne Mullin, David J. Venturella. (Soler, Andrew) (Entered: 08/18/2026)
Main Document: STATUS
#13
Aug 18, 2026
ORDER re: 12 Status Report filed by Markwayne Mullin, Juan Baltazar, David Venturella, 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 5 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 8/18/2026. Text Only Entry (skclc4) (Entered: 08/18/2026)
#14
Aug 18, 2026
FINAL JUDGMENT pursuant to Orders 11 and 13 . Entered by the Clerk of the Court on 8/18/2026. (cpear) (Entered: 08/18/2026)
Main Document: Judgment
Aug 18, 2026
Order

Parties

Baltazar
Party
Velasco-Garcia
Party