District of Colorado • 1:26-cv-03874

#1

Aug 24, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5, Receipt Number ACODC-11233339)Attorney Miriam Rose Miller added to party EDUARDO PALOMO VILLALBA(pty:pla), filed by EDUARDO PALOMO VILLALBA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Petitioner's NTA, # 3 Exhibit Exhibit 2 - Petitioner's Bond Motion, # 4 Exhibit Exhibit 3 - NOTICE OF CONVENTIONAL SUBMISSION OF AUDIO RECORDING, # 5 Exhibit Exhibit 4 - IJ Order Denying Bond)(Miller, Miriam) (Entered: 08/24/2026)

#2

Aug 24, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (bschl, ) (Entered: 08/25/2026)

#3

Aug 25, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (bschl, ) (Entered: 08/25/2026)

#4

Aug 25, 2026

Conventionally Submitted Material : USB Exhibit 3 to 1 Application for Writ of Habeas Corpus by Petitioner Eduardo Palomo Villalba. Material placed in Clerks Office Oversized area Box B-3-2 Text Only Entry (bschl, ) (Entered: 08/25/2026)

#5

Aug 25, 2026

ORDER: Upon review of the 1 Application for Writ of Habeas Corpus filed by Eduardo Palomo Villalba, 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 28, 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 8/25/2026. Text Only Entry (skclc1) (Entered: 08/25/2026)

#6

Aug 25, 2026

AFFIDAVIT RETURN of Service of Petition for Habeas Corpus upon Respondents on 08/25/2026 by Petitioner Eduardo Palomo Villalba. (Miller, Miriam) (Entered: 08/25/2026)

Aug 25, 2026

Order

#7

Sep 02, 2026

AFFIDAVIT re 6 Affidavit FIRST AMENDED AFFIDAVIT OF SERVICE by Petitioner Eduardo Palomo Villalba. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Hand Delivered Service)(Miller, Miriam) (Entered: 09/02/2026)

#8

Sep 08, 2026

ANSWER to ComplaintAttorney Winnie Wu added to party Juan Baltasar(pty:res), Attorney Winnie Wu added to party Todd Blanche(pty:res), Attorney Winnie Wu added to party Executive Office of Immigration Review(pty:res), Attorney Winnie Wu added to party Markwayne Mullin(pty:res), Attorney Winnie Wu added to party US Department of Homeland Security(pty:res), Attorney Winnie Wu added to party George Valdez(pty:res) by Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez.(Wu, Winnie) (Entered: 09/08/2026)

#9

Sep 14, 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, pp.12. 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, particularly in light of Petitioner's Due Process arguments, 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 and SHALL FILE a status report within TWO DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 9/14/2026. Text Only Entry (skclc1) (Entered: 09/14/2026)

#10

Sep 14, 2026

Utility Setting Deadlines re: 9 Order: Status Report due by 9/16/2026. Text Only Entry. (agryan) (Entered: 09/14/2026)

Sep 14, 2026

Order

#11

Sep 16, 2026

STATUS REPORT by Respondents Juan Baltasar, Todd Blanche, Executive Office of Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez. (Wu, Winnie) (Entered: 09/16/2026)

#12

Sep 16, 2026

ORDER re: 11 Status Report filed by Juan Baltasar, Markwayne Mullin, George Valdez, US Department of Homeland Security, Todd Blanche, Executive Office of Immigration Review. 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 9/16/2026. Text Only Entry (skclc1) (Entered: 09/16/2026)

#13

Sep 16, 2026

Judgment

Sep 16, 2026

Order