District of Colorado • 1:26-cv-04175

#1

Sep 04, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11264702)Attorney Alec S. Bracken added to party Francisco Saucedo Lopez(pty:pet), filed by Francisco Saucedo Lopez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Bracken, Alec) (Entered: 09/04/2026)

#2

Sep 04, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, ) (Entered: 09/08/2026)

#3

Sep 08, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) (Entered: 09/08/2026)

#4

Sep 09, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Francisco Saucedo Lopez, 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 September 16, 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 9/9/2026. Text Only Entry (skclc4) (Entered: 09/09/2026)

Sep 09, 2026

Order

#5

Sep 10, 2026

AFFIDAVIT/RETURN of Service of Habeas Petition and Order to Show Cause upon All Parties on 09/10/2026, filed by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, The, Todd Lyons, Markwayne Mullin, United States Immigration and Customs Enforcement, George Valdez, SUMMONS Returned Executed by Francisco Saucedo Lopez. Juan Baltazar served on 9/10/2026, answer due 10/1/2026; Todd Blanche served on 9/10/2026, answer due 10/1/2026; Executive Office for Immigration Review, The served on 9/10/2026, answer due 10/1/2026; Todd Lyons served on 9/10/2026, answer due 10/1/2026; Markwayne Mullin served on 9/10/2026, answer due 10/1/2026; United States Immigration and Customs Enforcement served on 9/10/2026, answer due 10/1/2026; George Valdez served on 9/10/2026, answer due 10/1/2026. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit Email Copy)(Bracken, Alec) (Entered: 09/10/2026)

#6

Sep 14, 2026

NOTICE Supplemental Factual Development Regarding Dismissal of Removal Proceedings by Petitioner Francisco Saucedo Lopez (Attachments: # 1 Exhibit 1)(Bracken, Alec) (Entered: 09/14/2026)

#7

Sep 14, 2026

AFFIDAVIT/RETURN of Service of NOTICE Supplemental Factual Development Regarding Dismissal of Removal Proceeding upon All Respondents on 09/14/2026, filed by Petitioner Francisco Saucedo Lopez (Attachments: # 1 Exhibit 1)(Bracken, Alec) (Entered: 09/14/2026)

#8

Sep 21, 2026

RESPONSE to 4 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, The, Todd Lyons, Markwayne Mullin, United States Immigration and Customs Enforcement, George ValdezAttorney Elliot Wertheim added to party Juan Baltazar(pty:res), Attorney Elliot Wertheim added to party Todd Blanche(pty:res), Attorney Elliot Wertheim added to party Executive Office for Immigration Review, The(pty:res), Attorney Elliot Wertheim added to party Todd Lyons(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res), Attorney Elliot Wertheim added to party United States Immigration and Customs Enforcement(pty:res), Attorney Elliot Wertheim added to party George Valdez(pty:res). (Wertheim, Elliot) (Entered: 09/21/2026)

#9

Sep 22, 2026

REPLY to 8 Response,,, by Petitioner Francisco Saucedo Lopez. (Bracken, Alec) (Entered: 09/22/2026)

#10

Sep 23, 2026

ORDER: Before the Court is Petitioner Francisco Saucedo Lopez's 1 Petition for Writ of Habeas Corpus. Petitioner was arrested by ICE in August 2026, however, the Notice to Appear issued to him is not accurate. Dkt. 1, pp.910. The Notice to Appear names Francisco Saucedo Rodriguez, lists the incorrect birthdate and telephone number for Petitioner, and does not accurately describe his immigration history. Id. at p.10. DHS acknowledged that the name on the Notice to Appear was incorrect and sought to amend the Notice to Appear to correct the error. Id. However, DHS did not seek to amend any of the other incorrect factual allegations contained in the Notice to Appear. Id. The immigration judge denied the motion to amend. Id. Recently, Petitioner informed the Court that the immigration judge granted dismissal of removal proceedings because the Notice to Appear was "[i]mprovidently issued." Dkt. 6, p.2. Yet, Petitioner remains detained. Id. And yet again, the cruelty appears to be the point.The Court issued an Order to Show Cause and ordered that, within five days of service, Respondents show cause why the Petition should not be granted. Dkt. 4 . According to the Return of Service filed by Petitioner, Respondents were served on September 10, 2026. Dkt. 5 . Yet, Respondents did not file their Response until September 22, 2026, well after the five-day deadline this Court demanded. In addition, without addressing the immigration judge's express finding that the Notice to Appear was improvidently issued, Respondents simply state they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 8, p.2. Instead of admit their error, i.e., detaining the incorrect person, Respondents simply persist and file the same boilerplate response this Court has become familiar with. There is no lawful basis to continue detaining Petitioner, and his 1 Petition for Writ of Habeas Corpus is GRANTED.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 9/23/2026. Text Only Entry (skclc4) (Entered: 09/23/2026)

Sep 23, 2026

Order

#11

Sep 25, 2026

STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Executive Office for Immigration Review, The, Todd Lyons, Markwayne Mullin, United States Immigration and Customs Enforcement, George Valdez. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wertheim, Elliot) (Entered: 09/25/2026)

#12

Sep 28, 2026

ORDER re: 11 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 4 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 9/28/2026. Text Only Entry (skclc4) (Entered: 09/28/2026)

#13

Sep 28, 2026

Judgment

Sep 28, 2026

Order

#14

Oct 15, 2026

Attorney Fees