District of Colorado • 1:26-cv-03884

#1

Aug 24, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 119212), filed by Jose Brayan Alvarez Alvarez. (Attachments: # 1 Envelope)(eguth, ) (Entered: 08/24/2026)

#2

Aug 24, 2026

Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eguth, ) (Entered: 08/24/2026)

#3

Sep 01, 2026

ORDER Drawing Case. After review under D.C.COLO.LCivR 8.1, the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, this case is randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-03884-KAS, by Magistrate Judge Richard T. Gurley on 09/01/2026. 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. (agryan) (Entered: 09/01/2026)

#4

Sep 01, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) (Entered: 09/01/2026)

#5

Sep 01, 2026

ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that the Clerk of Court is directed to serve the Petition [# 1 ] and a copy of this Order on the Respondent, the United States Attorney's Office for the District of Colorado, and the Attorney General of the United States. IT IS FURTHER 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 [# 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 9/1/2026. 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: 09/01/2026)

#6

Sep 01, 2026

CERTIFICATE of Service by Clerk of Court re Service of Process of 1 Application for Writ of Habeas Corpus, 4 Magistrate Judge Consent Form 5 Order to Show Cause. (Attachments: # 1 Certified Mail Receipts) (echa, ) (Entered: 09/01/2026)

#7

Sep 02, 2026

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

#8

Sep 08, 2026

RESPONSE to 1 Application for Writ of Habeas Corpus and Order to Show Cause Attorney Winnie Wu added to party Juan Baltazar(pty:res)Attorney Winnie Wu added to party Juan Baltazar(pty:res) by Juan Baltazar.(Wu, Winnie) (Entered: 09/08/2026)

#9

Sep 08, 2026

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

#10

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 William J. Martinez and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-03884-WJM). Entered by Magistrate Judge Kathryn A. Starnella on 9/8/2026. 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: 09/09/2026)

#11

Sep 09, 2026

CASE REASSIGND. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 26-cv-03884-SKC. (Text only entry.) (echa, ) (Entered: 09/09/2026)

#12

Sep 16, 2026

CERTIFIED MAIL RETURN as to Juan Baltazar. (echa, ) (Entered: 09/16/2026)

#13

Sep 21, 2026

CERTIFIED MAIL RETURN as to the United States Attorney General. (echa, ) (Entered: 09/21/2026)

#14

Oct 02, 2026

ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondent states that he "is not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 8, pp.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 Respondent has 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 under reasonable conditions to be set by DHS and SHALL FILE a status report within THREE DAYS of this Order certifying compliance. By Judge S. Kato Crews on 10/2/2026. 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 (skclc1) (Entered: 10/02/2026)

Oct 02, 2026

Order