District of Colorado • 1:26-cv-03851

#1

Aug 21, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11228983)Attorney Sarah Elizabeth Elouaradia added to party Alberto Brito Perez(pty:pet), filed by Alberto Brito Perez. (Attachments: # 1 Exhibit Exhibits in Support of Emergency Habeas Petition)(Elouaradia, Sarah) (Entered: 08/21/2026)

#2

Aug 21, 2026

MOTION to Expedite, MOTION for Order to Show Cause by Petitioner Alberto Brito Perez. (Attachments: # 1 Proposed Order (PDF Only))(Elouaradia, Sarah) (Entered: 08/21/2026)

#3

Aug 21, 2026

Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (manoe, ) (Entered: 08/21/2026)

#4

Aug 21, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (manoe, ) (Entered: 08/21/2026)

#5

Aug 21, 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 [# 4 ] 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 8/21/2026. (echa, ) (Entered: 08/21/2026)

#6

Aug 24, 2026

MINUTE ORDER. In light of the Court's issuance of the Order to Show Cause [# 5 ] on August 21, 2026, Petitioner's Emergency Motion for Expedited Habeas Review and Limited Interim Relief [# 2 ] is DENIED as moot. Entered by Magistrate Judge Kathryn A. Starnella on 8/24/2026. Text Only Entry. (echa, ) (Entered: 08/24/2026)

Aug 24, 2026

Order on Motion to Expedite AND Order on Motion to Show Cause

#7

Aug 28, 2026

AFFIDAVIT/RETURN of Service of Petition for Writ of Habeas Corpus, supporting exhibits, and Order to Show Cause upon Warden Juan Baltazar; ICE Denver Field Office Director George Valdez; Acting ICE Director David J. Venturella; Secretary of Homeland Security Markwayne Mullin; U.S. Attorney for the District of Colorado; Attorney General of the United States on 08/28/2026, filed by Petitioner Alberto Brito Perez (Elouaradia, Sarah) (Entered: 08/28/2026)

#8

Aug 31, 2026

RESPONSE to 5 Order to Show Cause,,, by Respondents Juan Baltazar, Markwayne Mullin, George Valdez, David J. VenturellaAttorney Erika A. Kelley added to party Juan Baltazar(pty:res), Attorney Erika A. Kelley added to party Markwayne Mullin(pty:res), Attorney Erika A. Kelley added to party George Valdez(pty:res), Attorney Erika A. Kelley added to party David J. Venturella(pty:res). (Kelley, Erika) (Entered: 08/31/2026)

#9

Aug 31, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Markwayne Mullin, George Valdez, David J. Venturella All parties do not consent.. (Kelley, Erika) (Entered: 08/31/2026)

#10

Sep 01, 2026

MINUTE ORDER. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [# 9 ] (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 [# 9 ] 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 Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella for further proceedings. All future pleadings should be designated as 26-cv-03851-SKC). Entered by Magistrate Judge Kathryn A. Starnella on 9/1/2026. Text Only Entry. (echa, ) (Entered: 09/01/2026)

#11

Sep 01, 2026

REPLY to 8 Response, by Petitioner Alberto Brito Perez. (Elouaradia, Sarah) (Entered: 09/01/2026)

Sep 01, 2026

Order Reassigning Case

#12

Sep 02, 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. 8, p.1. The Tenth Circuit recently weighed in on the issue before this Court and agreed with the majority of courts in this district and around the country that "noncitizens who entered the United States and were thereafter detained in the interior of the country" are subject to 8 U.S.C. § 1226, not § 1225. Santillan Quiroz v. Mullin, 180 F.4th 1226, 1237 (10th Cir. 2026). Considering the Tenth Circuit's holding, Petitioner's 1 Application for Writ of Habeas Corpus is GRANTED. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to § 1226 or the existence of an administrative warrant--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).IT IS FURTHER ORDERED that:Petitioner Alberto Brito Perez is not subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), and Respondents are ENJOINED from re-detaining him under 8 U.S.C. § 1225(b)(2)(A). Respondents are enjoined to the extent that Petitioner remains within the United States. This Order shall cease to apply if he is removed from the United States.Petitioner SHALL be immediately released from custody; however, if he resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner may, if he chooses, remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence. Alternatively, Petitioner may elect for immediate release. Counsel for the parties shall promptly confer regarding Petitioner's wishes;If necessary, Respondents SHALL transport Petitioner back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; andRespondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 9/2/2026. Text Only Entry (skclc4) (Entered: 09/02/2026)

Sep 02, 2026

Order

#13

Sep 03, 2026

STATUS REPORT by Respondents Juan Baltazar, Markwayne Mullin, George Valdez, David J. Venturella. (Kelley, Erika) (Entered: 09/03/2026)

#14

Oct 22, 2026

ORDER re: 13 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 10/22/2026. Text Only Entry (skclc4) (Entered: 10/22/2026)

#15

Oct 22, 2026

FINAL JUDGMENT pursuant to Orders 12 and 14 . Entered by the Clerk of the Court on 10/22/2026. (cpear) (Entered: 10/22/2026)

Oct 22, 2026

Order