District of Colorado • 1:26-cv-03832

Hartemant-Balga v. Baltazar

Completed

Case Information

Filed: August 20, 2026
Assigned to: Gordon P. Gallagher
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
Completed: September 30, 2026
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 20, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119180), filed by Frank Miguel Hartemant-Balga. (Attachments: # 1 Verified Supplement, # 2 Envelope, # 3 Receipt) (jberr, ) (Entered: 08/20/2026)
Main Document: APPLICATION
#2
Aug 20, 2026
EMERGENCY MOTION for Expedited Consideration and Immediate Release by Petitioner Frank Miguel Hartemant-Balga. (jberr, ) (Entered: 08/20/2026)
Main Document: Temporary Restraining Order
#3
Aug 20, 2026
Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (jberr, ) (Entered: 08/20/2026)
#4
Aug 21, 2026
ORDER DRAWING CASE. It is ordered that this case be drawn to a district judge. (Case randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-03832-GPG). Entered by Magistrate Judge Richard T. Gurley on 8/21/2026. 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: 08/24/2026)
Main Document: Order Reassigning Case
#5
Aug 21, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 08/24/2026)
Main Document: Magistrate
#6
Aug 24, 2026
ORDER. For the foregoing reasons, Petitioner's Petition (D. 1 ) is GRANTED IN PART, to the extent Petitioner seeks a bond hearing at which Respondents bear the burden of proof of showing Petitioner's continued detention is proper and was proper at the time of Petitioner's arrest. Respondents shall provide Petitioner with a bond hearing under § 1226(a) within SEVEN DAYS of receiving notice of this Order and Respondents have the responsibility to ensure that the government applies those burdens and provides a sufficient record for review. Additionally, Respondents SHALL notify Petitioner and any counsel who has entered an appearance in this action of the date, time, and place of the hearing no less than 24 hours prior to the beginning of the hearing. Respondents are ENJOINED from denying bond to Petitioner on the basis that Petitioner is detained pursuant to § 1225(b)(2)(A). Respondents are FURTHER ORDERED to file a status report within FIVE DAYS of Petitioner's bond hearing, stating whether Petitioner has been granted bond, and, if Petitioner's request for bond was denied, the reasons for that denial. Such status update shall also include as an attachment any warrant justifying Petitioner's detention at the time he was detained. It is FURTHER ORDERED that, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Respondents SHALL NOT REMOVE Petitioner from the District of Colorado except pursuant to a final order of removal from the United States. It is FURTHER ORDRED that, to the extent they have not yet done so, Petitioner is directed to (1) serve Respondents with a copy of the Petition and accompanying papers and a copy of this Order; and (2) promptly file proof of such service on the docket. By District Judge Gordon P Gallagher on 8/24/2026. 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. (eluce) (Entered: 08/24/2026)
Main Document: Order
#7
Aug 24, 2026
CERTIFICATE of Service by Clerk of Court of 1 Application for Writ of Habeas Corpus, 6 Order. (eluce) (Additional attachment(s) added on 8/25/2026: # 1 Certified Mail Receipts) (eluce, ). (Entered: 08/24/2026)
Main Document: CERTIFICATE
#8
Aug 25, 2026
ACKNOWLEDGMENT of Service upon United States Attorney's Office for the District of Colorado re 7 Certificate of Service. (eluce, ) (Entered: 08/25/2026)
Main Document: ACKNOWLEDGMENT
#9
Aug 31, 2026
MOTION for Leave to Appear by Petitioner Frank Miguel Hartemant-Balga. (Hightower, Leanne) Modified on 8/31/2026 to remove gavel as directed by Chambers (eluce, ). (Entered: 08/31/2026)
Main Document: Appear
#10
Sep 01, 2026
NOTICE of Entry of Appearance by Erika A. Kelley on behalf of Juan BaltazarAttorney Erika A. Kelley added to party Juan Baltazar(pty:res) (Kelley, Erika) (Entered: 09/01/2026)
Main Document: NOTICE
#11
Sep 01, 2026
STATUS REPORT Pursuant to Order (ECF No. 6) by Respondent Juan Baltazar. (Attachments: # 1 Exhibit A - I-200 Arrest Warrant)(Kelley, Erika) (Entered: 09/01/2026)
Main Document: STATUS
#12
Sep 02, 2026
MOTION to Enforce Judgment re 6 Order,,,,,,,, by Petitioner Frank Miguel Hartemant-Balga. (Attachments: # 1 Exhibit Exhibit 1, August 28, 2026 Order, # 2 Exhibit Exhibit 2, I-213, # 3 Exhibit Exhibit 3, I-94, # 4 Exhibit Exhibit 4, I-485, # 5 Exhibit Exhibit 5, Bond Packet)(Hightower, Leanne) (Entered: 09/02/2026)
Main Document: Enforce Judgment
#13
Sep 03, 2026
Certified Mail Receipt of Service upon Juan Baltazar (eluce, ) (Entered: 09/03/2026)
Main Document: Certified
#14
Sep 08, 2026
Certified Mail Receipt of Service upon USAG (eluce, ) (Entered: 09/09/2026)
Main Document: Certified
#15
Sep 11, 2026
NOTICE of Entry of Appearance by Anh Weinberg on behalf of Juan BaltazarAttorney Anh Weinberg added to party Juan Baltazar(pty:res) (Weinberg, Anh) (Entered: 09/11/2026)
Main Document: NOTICE
#16
Sep 14, 2026
MOTION to Withdraw as Attorney by Respondent Juan Baltazar. (Kelley, Erika) (Entered: 09/14/2026)
Main Document: Withdraw as Attorney
#17
Sep 15, 2026
ORDER granting 16 Motion to Withdraw as Attorney. Attorney Erika A. Kelley terminated. By District Judge Gordon P Gallagher on 9/15/2026. Text Only Entry.(eluce ) (Entered: 09/15/2026)
Sep 15, 2026
Order on Motion to Withdraw as Attorney
#18
Sep 23, 2026
ORDER: Petitioner SHALL file a status report within 24 hours informing the Court whether Petitioner remains in custody or if he has posted bond and been released. by District Judge Gordon P Gallagher on 09/23/2026. Text Only Entry (gpglc6, ) (Entered: 09/23/2026)
#19
Sep 23, 2026
First STATUS REPORT by Petitioner Frank Miguel Hartemant-Balga. (Attachments: # 1 Exhibit Exhibit 1- ICE Detainee Locator)(Hightower, Leanne) (Entered: 09/23/2026)
Main Document: First
Sep 23, 2026
Order
#20
Sep 24, 2026
ORDER. This matter comes before the Court upon Petitioner's Motion to Enforce Order (ECF No. 6 ) (D. 12 ). The Court GRANTS the motion. It is ORDERED that Petitioner shall be released from custody within 48 hours, and Petitioner SHALL update this Court in writing upon his release. Respondents may continue to subject Petitioner to the same conditions as before he was re-detained but no more restrictions are warranted. As Respondents have not shown that they have proven by a preponderance that Petitioner is a flight risk or danger to community, there is no basis for imposing additional conditions. It is FURTHER ORDERED that Respondents are prohibited from re-detaining Petitioner on the same grounds. By District Judge Gordon P Gallagher on 9/24/2026.(echa, ) (Entered: 09/24/2026)
Main Document: Order on Motion to Enforce Judgment
#21
Sep 25, 2026
STATUS REPORT by Respondent Juan Baltazar. (Weinberg, Anh) (Entered: 09/25/2026)
Main Document: STATUS
#22
Sep 30, 2026
FINAL JUDGMENT in favor of Frank Miguel Hartemant-Balga against Juan Baltazar. Entered by the Clerk on 09/30/2026. (dclem) (Entered: 09/30/2026)
Main Document: Judgment

Parties

Baltazar
Party
Hartemant-Balga (PS)
Party