District of Colorado • 1:26-cv-04062

#1

Aug 31, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11250577)Attorney Tiago J. Guevara added to party Jose MATUTE-Barahona(pty:pet), filed by Jose MATUTE-Barahona. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Entry of Appearance)(Guevara, Tiago) (Entered: 08/31/2026)

#2

Aug 31, 2026

Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 08/31/2026)

#3

Aug 31, 2026

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) (Entered: 08/31/2026)

#4

Sep 04, 2026

MINUTE ORDER by Magistrate Judge Susan Prose on 09/04/2026. This matter is before the court on Petitioner Jose Matute-Barahona's Petition for Writ of Habeas Corpus (ECF No. 1 ). Petitioner shall, by overnight mail and email, serve Respondents with a copy of the Petition and this Order on or before September 8, 2026. Petitioner shall file proof of service. Within seven days of service, respondents shall show cause why the 1 Petition for Writ of Habeas Corpus should not be granted. See 28 U.S.C. § 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). In doing so, Respondents are asked to address whether the issues presented here are materially different from the issues the Tenth Circuit has resolved in its prior ruling in Santillan Quiroz v. Mullin, 180 F.4th (10th Cir. 2026). Petitioner may file a reply within seven days of Respondents filing their response. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 3 ) no less than seven days from the date of this Order. Text Only Entry (sjeff) (Entered: 09/04/2026)

Sep 04, 2026

Minute Order

#5

Sep 08, 2026

AFFIDAVIT/RETURN of Service of DOC 4, Petition, Civil Cover, Entry of Appearance upon All Respondents via Civil Chief Traskos, and Clerk Joann Stark on 9/8/2026, filed by Petitioner Jose Matute-Barahona (Guevara, Tiago) (Entered: 09/08/2026)

#6

Sep 09, 2026

DISREGARD - FILED IN ERROR..REPLY to ECF 6 by Petitioner Jose Matute-Barahona. (Guevara, Tiago) Modified on 9/10/2026 to add filing error pursuant to filer (ccuen, ). (Entered: 09/09/2026)

#7

Sep 11, 2026

CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullen, U.S. Department of Homeland Security, George Valdez, David Venturella All parties do not consent.. (Prochazka, Julia) (Entered: 09/11/2026)

#8

Sep 11, 2026

CASE REASSIGNED Pursuant to 7 Consent to Jurisdiction of Magistrate Judge,. Case randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-04062-WJM. (Text Only Entry) (ccuen, ) (Entered: 09/11/2026)

#9

Sep 11, 2026

AMENDED BRIEFING SCHEDULE AND ORDER PURSUANT TO ALL WRITS ACT. As set forth in the Minute Order entered by Magistrate Judge Susan Prose (ECF No. 4 ), Respondents' Response remains due on September 15, 2026. Upon receipt of this Response, the Court will determine whether it will require a Reply from the Petitioner. No Reply will be accepted without prior leave or order of Court. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, and in order to preserve this Court's jurisdiction, Respondents are hereby ENJOINED from removing, transferring, or causing to remove or transfer, Petitioner from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. SO ORDERED by Judge William J. Martinez on 9/11/2026. (echa, ) (Entered: 09/11/2026)

#10

Sep 15, 2026

RESPONSE to 9 Order,,, 4 Minute Order,,,,, by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullen, U.S. Department of Homeland Security, George Valdez, David Venturella. (Attachments: # 1 Exhibit 1)(Prochazka, Julia) (Entered: 09/15/2026)

#11

Sep 15, 2026

Exhibits in Support by Petitioner Jose Matute-Barahona. (Guevara, Tiago) (Entered: 09/15/2026)

#12

Sep 17, 2026

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS the Court ORDERS as follows: The Minute Order to Show Cause entered by Magistrate Judge Susan Prose (ECF No. 4 ) is MADE ABSOLUTE and Matute-Barahona's Petition (ECF No. 1 ) is GRANTED; The Court GRANTS this relief to Matute-Barahona pursuant to Count II of the Petition. The Court does not reach the merits of Count I; By no later than this Saturday, September 19, 2026, Respondents shall IMMEDIATELY RELEASE Matute-Barahona on his own recognizance, along with all his personal belongings, and they shall facilitate Matute-Barahona's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address4. No onerous conditions of release shall be unilaterally imposed by Respondents on Matute-Barahona, including without limitation mandating that he wear GPS monitoring, submit to mandatory reporting, or have his movements otherwise restricted; Respondents are ENJOINED from re-arresting or re-detaining Matute-Barahona unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified.Respondents shall continue to be ENJOINED from removing, transferring, or causing the removal or transfer of, Matute-Barahona from the District of Colorado until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order by no later than October 15, 2026. Respondents shall file a response by no later than November 5, 2026, and Matute-Barahona shall file a reply by no later than November 19, 2026; and Judgment shall enter in Matute-Barahonas favor and against Respondents on October 1, 2026. SO ORDERED by Judge William J. Martinez on 09/17/2026. (jrobe, ) (Entered: 09/17/2026)

#13

Oct 01, 2026

FINAL JUDGMENT re: 12 Order, by Clerk on 10/1/26. (sgrim) (Entered: 10/01/2026)