District of Colorado • 1:26-cv-04662

#1

Sep 22, 2026

First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11303256)Attorney Joseph Francis Rosales, III added to party CESAR MARTINEZ MACIAS(pty:pet), filed by CESAR MARTINEZ MACIAS. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits)(Rosales, Joseph) (Entered: 09/22/2026)

#2

Sep 22, 2026

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) (Entered: 09/22/2026)

#3

Sep 22, 2026

ORDER: Upon review of the Petition for Writ of Habeas Corpus filed by Cesar Martinez Macias, 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 25, 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 9/22/2026. Text Only Entry (skclc1) (Entered: 09/22/2026)

Sep 22, 2026

Order

#5

Sep 30, 2026

RESPONSE to 3 Order,,,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Thomas Alan Isler added to party Juan Baltazar(pty:res), Attorney Thomas Alan Isler added to party Todd Blanche(pty:res), Attorney Thomas Alan Isler added to party Todd Lyons(pty:res), Attorney Thomas Alan Isler added to party Markwayne Mullin(pty:res), Attorney Thomas Alan Isler added to party George Valdez(pty:res). (Isler, Thomas) (Entered: 09/30/2026)

#6

Sep 30, 2026

MOTION to Enforce Habeas Writ of Corpus by Petitioner Cesar Martinez Macias. (Rosales, Joseph) (Entered: 09/30/2026)

#7

Oct 01, 2026

NOTICE OF ERRATA by Petitioner Cesar Martinez Macias (Rosales, Joseph) (Entered: 10/01/2026)

#8

Oct 01, 2026

REPLY BRIEF by Petitioner Cesar Martinez Macias. (Rosales, Joseph) (Entered: 10/01/2026)

#9

Oct 01, 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. 5, p.2. 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 and have acknowledge that appropriate relief in this case may include release, 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. SO ORDERED by Judge S. Kato Crews on 10/1/2026. Text Only Entry (skclc1) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion to Enforce