District of Colorado • 1:26-cv-05955

Cortes Martinez v. Baltazar

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Case Information

Filed: November 07, 2026
Assigned to: Nina Y. Wang
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in - Habeas Corpus: INS
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Last Activity: November 10, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 07, 2026
First APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11427450)Attorney Joseph Francis Rosales, III added to party Adrian Cortes Martinez(pty:pet), filed by Adrian Cortes Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Rosales, Joseph) (Entered: 11/07/2026)
Main Document: First
#2
Nov 07, 2026
Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (agarc, ) (Entered: 11/09/2026)
#3
Nov 10, 2026
MINUTE ORDER: This matter is before the Court on Petitioner's Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition"). [Doc. 1]. The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the 1 Petition, any exhibits, and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office (on or before November 17, 2026), Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. § 2243; see also, e.g., Yassine v. Collins, No. 1:25-cv-00786-ADA-SH, 2025 WL 1954064, at *1 (W.D. Tex. July 7, 2025) (explaining that while § 2243 refers to a three day deadline, this requirement is "subordinate to the district court's authority to set deadlines" itself, and granting respondents a fourteen day deadline to respond in order to "give [r]espondents adequate time to brief the issues" (quotations omitted)).Unless otherwise ordered by the Court, if Respondents do not file a response to the Petition and Order by this deadline, Petitioner SHALL be released from custody no later than 24 hours after the response deadline with all of his belongings and without being subject to any conditions beyond any prior conditions of supervision or release. Respondents shall provide Petitioner all necessary identity and travel documents to return to his primary address. Respondents SHALL FILE, no later than two days after the response deadline, a status report informing the Court that Petitioner has been released. To the extent that any conditions have been placed on Petitioner's release, Respondents SHALL include documents evidencing the legal justification for such conditions, such as a prior order of conditions of release or a transcript of a bond hearing during which the Government carried its burden of establishing by clear and convincing evidence that such release condition was warranted. Respondents SHALL NOT re-detain Petitioner prior to the entry of a final order of removal unless they demonstrate, by clear and convincing evidence at a pre-deprivation hearing before a neutral arbiter, that Petitioner is a danger to the community or flight risk.Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), Respondents SHALL NOT REMOVE Petitioner from the District of Colorado so long as Petitioner remains in Respondents' custody, unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. This Order does not preclude Respondents from removing Petitioner from the United States pursuant to a valid final order of removal. By Judge Nina Y. Wang on 11/10/2026. Text Only Entry (nywlc2, ) (Entered: 11/10/2026)
#4
Nov 10, 2026
CERTIFICATE of Service by Clerk of Court re 3 Order to Serve United States Attorney's Office, 1 Application for Writ of Habeas Corpus emailed as ordered to USACO.ServImm2241@usdoj.gov. Text Only Entry (ccuen, ) (Entered: 11/10/2026)
Nov 10, 2026
Serve USAO - Immigration Habeas