District of Colorado • 1:26-cv-03630

#1

Aug 10, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $5, Receipt Number 119056), filed by Raul Gonzalo Tun Chub. (Attachments: # 1 Receipt)(dhern, ) (Entered: 08/10/2026)

#2

Aug 10, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (dhern, ) (Entered: 08/10/2026)

#3

Aug 12, 2026

ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 8/12/2026. Case randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-03630-KAS . For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 08/13/2026)

#4

Aug 13, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Respondent shall show cause within five days from the date of 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 -1] is the same as Respondent's deadline to file a Response. IT IS FURTHER ORDERED, pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respondent 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 8/13/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) (Entered: 08/13/2026)

#5

Aug 13, 2026

CERTIFICATE of Service by Clerk of Court re, 1 Application for Writ of Habeas Corpus, 3 Order Reassigning Case, 4 Order to Show Cause. (Attachments: # 1 Certified Mail Receipts) (echa, ) (Entered: 08/13/2026)

#6

Aug 21, 2026

CERTIFIED MAIL RETURN as to the ICE Aurora Contract Detention Facility. (echa, ) (Entered: 08/21/2026)

#7

Sep 02, 2026

MINUTE ORDER. This matter is before the Court sua sponte. On August 13, 2026, the Court ordered Respondent to show cause why the Petition [# 1 ] should not be granted within five days from the date of service. The Certificate of Service [# 5 ] reflects that the Clerk of Court served the United States Attorney's Office for the District of Colorado on August 13, 2026. No Acknowledgement of Receipt has been received, and no attorney has entered an appearance or responded to the Order to Show Cause [# 4 ]. IT IS HEREBY ORDERED that the Clerk of Court shall serve a copy of this Minute Order, the Petition [# 1 ], and the Order to Show Cause [# 4 ] on the United States Attorney's Office for the District of Colorado. IT IS FURTHER ORDERED that Respondent shall show cause within three days from the date of service of this Minute Order 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 -1] is the same as Respondent's deadline to file a Response. Entered by Magistrate Judge Kathryn A. Starnella on 9/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (echa, ) (Entered: 09/02/2026)

#8

Sep 02, 2026

CERTIFICATE of Service by Clerk of Court re 1 Application for Writ of Habeas Corpus, 3 Order Drawing Case, 3 -1 Magistrate Judge Consent Form, 4 Order to Show Cause, 7 Minute Order. (echa, ) (Entered: 09/02/2026)

#9

Sep 02, 2026

ACKNOWLEDGEMENT OF RECEIPT by the United States Attorney's Office for the District of Colorado. (echa, ) (Entered: 09/03/2026)

Sep 02, 2026

Order

#10

Sep 04, 2026

CERTIFIED MAIL RETURN as to the United States Attorney General. (echa, ) (Entered: 09/04/2026)

#11

Sep 08, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus and Order to Show Cause Attorney Winnie Wu by Respondent Juan Baltasar.(Wu, Winnie) Modified on 9/9/2026 to edit linkage to party per attorney phone call. (sphil, ). (Entered: 09/08/2026)

#12

Sep 08, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondent Juan Baltasar All parties do not consent.. (Wu, Winnie) (Entered: 09/08/2026)

#13

Sep 08, 2026

MINUTE ORDER. 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 Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-03630-CNS). Entered by Magistrate Judge Kathryn A. Starnella on 9/8/2026. (echa, ) (Entered: 09/09/2026)

#14

Sep 09, 2026

MINUTE ORDER: Before the Court is Petitioner's habeas application, ECF No. 1, and Respondent's response to it, ECF No. 11. In the response, Respondent states that they are "not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Id. at 1. In light of the representation in Respondent's response, as well as the Tenth Circuit's recent decision holding that § 1225's mandatory detention provision does not apply to noncitizens who are apprehended while in the interior of the United States, see Santillan Quiroz v. Mullin, et. al, 180 F.4th 1226, 1246 (10th Cir. 2026), the Court GRANTS Petitioner's habeas application, ECF No. 1. It is ORDERED that Respondent shall release Petitioner from custody immediately, but no later than within 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those Petitioner was subject to immediately prior to her recent detention. Respondent SHALL FILE a status report within TWO DAYS of this Order to certify compliance. Respondent is further ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondent demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. The Court notes that, while Respondent contends that a bond hearing is the appropriate remedy, see ECF No. 11 at 12, this argument fail to persuade. Compare ECF No. 11 at 12, with Santillan Quiroz, 180 F.4th at 1251 n.13. See also, e.g., Singh v. Baltazar, 819 F. Supp. 3d 1247, 125051 (D. Colo. 2026). By Judge Charlotte N. Sweeney on 9/9/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order

#15

Sep 11, 2026

STATUS REPORT by Respondent Juan Baltasar. (Wu, Winnie) (Entered: 09/11/2026)

#16

Sep 21, 2026

Mail Returned as Undeliverable re: 10 Affidavit/Return of Service Addressed to Raul Gonzalo Tun Chub. (echa, ) (Entered: 09/21/2026)

#17

Sep 22, 2026

MINUTE ORDER: Pursuant to the Court's Order, ECF No. 14, and the representations made in the Status Report, ECF No. 15, the Clerk of Court is directed to enter final judgment and close this case. By Judge Charlotte N. Sweeney on 9/22/2026. Text Only Entry (cnsja, ) by Judge Charlotte N. Sweeney on 9/22/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (cnsja, ) (Entered: 09/22/2026)

Sep 22, 2026

Minute Order

#18

Sep 23, 2026

FINAL JUDGMENT: 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is GRANTED. The petitioner is awarded costs, to be taxed by the Clerk of Court pursuant to Fed.R.Civ.P. 54(d)(1), D.C.COLO.LCivR 54.1 and 28 U.S.C. §2412(a)(1). By Clerk on 9/23/26. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (jdyne, ) (Entered: 09/23/2026)