Matos Hernandez v. Blanche et al
| Eriolkis Matos Hernandez |
| Todd Blanche, Markwayne Mullin, Todd Lyons and Juan Baltazar |
| 1:2026cv01534 |
| April 10, 2026 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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| Filing 19 FINAL JUDGMENT pursuant to 16 Order and 18 Minute Order. Entered by the Clerk of the Court on 5/20/2026. (cpear) |
Filing 18
ORDER re: #17 Status Report filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Juan Baltazar. 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 8 Order prohibiting Petitioner's removal from the District of Colorado or the United States is VACATED. By Judge S. Kato Crews on 5/20/2026. Text Only Entry (skclc1)
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| Filing 17 STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Wertheim, Elliot) |
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Filing 16
ORDER Before the Court is Petitioner Eriolkis Matos Hernandez's #1 Application for Writ of Habeas Corpus. This Court ordered Respondents to address in their Response a factually and legally similar case decided by this Court, Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from Aleman Hernandez. Dkt. 15, p.2. Accordingly, this Court adopts and incorporates its reasoning from Aleman Hernandez in full. Furthermore, because Respondents have offered no lawful basis for his detention--alternative arguments pursuant to 1226 or the existence of an administrative warrant--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, IT IS ORDERED that Petitioner's #1 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. Mr. Matos Hernandez is not subject to mandatory detention pursuant to 8 U.S.C. 1225(b)(2) and Respondents are ENJOINED from detaining him under 8 U.S.C. 1225(b)(2)(A). Respondents are enjoined to the extent that Mr. Matos Hernandez remains within the United States. This Order shall cease to apply if he is removed from the United States.2. Respondents shall release Mr. Matos Hernandez from detention subject to the same conditions of his previous release on his own recognizance;3. If Mr. Matos Hernandez resides outside of Colorado and is only in this state because Respondents have transferred him here, Petitioner may, if he chooses, remain in Respondents' temporary custody for the sole purpose of Respondents effectuating his return to his place of residence. Alternatively, Petitioner may elect for immediate release. Counsel for the parties shall promptly confer regarding Petitioner's wishes;4. If necessary, Respondents SHALL transport Mr. Matos Hernandez back to his place of residence outside of Colorado, at their own expense, within 72 hours of the date and time of this Order;5. To effectuate the purpose of this Court's Order and allow Petitioner to return home, Respondents are also temporarily enjoined from detaining Petitioner for a period of fourteen days; and6. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance.SO ORDERED by Judge S. Kato Crews on 5/14/2026. Text Only Entry (skclc1)
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| Filing 15 ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Attachments: #1 Exhibit A: Related Briefing)(Wertheim, Elliot) |
| Filing 14 NOTICE of Entry of Appearance by Elliot Wertheim on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne MullinAttorney 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 Todd Lyons(pty:res), Attorney Elliot Wertheim added to party Markwayne Mullin(pty:res) (Wertheim, Elliot) |
| Filing 13 SUMMONS Returned Executed by Eriolkis Matos Hernandez. Markwayne Mullin served on 4/27/2026, answer due 5/18/2026. (Attachments: #1 Exhibit, #2 Exhibit)(Carredeguas, Gladys) |
| Filing 12 SUMMONS Returned Executed by Eriolkis Matos Hernandez. Todd Lyons served on 4/27/2026, answer due 5/18/2026. (Attachments: #1 Exhibit, #2 Exhibit)(Carredeguas, Gladys) |
| Filing 11 SUMMONS Returned Executed by Eriolkis Matos Hernandez. Todd Blanche served on 4/27/2026, answer due 5/18/2026. (Attachments: #1 Exhibit, #2 Exhibit)(Carredeguas, Gladys) |
| Filing 10 SUMMONS Returned Executed by Eriolkis Matos Hernandez. Juan Baltazar served on 4/27/2026, answer due 5/18/2026. (Attachments: #1 Exhibit, #2 Exhibit)(Carredeguas, Gladys) |
| Filing 9 NOTICE of Entry of Appearance by Gladys Carredeguas on behalf of Eriolkis Matos Hernandez (Carredeguas, Gladys) |
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Filing 8
AMENDED ORDER: Upon review of Eriolkis Matos Hernandez's Petition for Writ of Habeas Corpus #1 , 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 April 27, 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, the facts of this case appear to be controlled by the Court's analysis in Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). Consequently, within five days of service, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition should not be granted. In their Response, Respondents must first address whether the present case differs f actually or legally from Aleman Hernandez in any material respect, and if so, shall specify the material differences.IT IS FURTHER ORDERED Pursuant to the All Writs Act, and in order to preserve the Court's jurisdiction, Respon dents 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 4/23/2026. Text Only Entry (skclc1)
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Filing 7
ORDER Upon review of Eriolkis Matos Hernandez's Petition for Writ of Habeas Corpus #1 , 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 April 27, 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, the facts of this case appear to be controlled by the Court's analysis in Aleman Hernandez v. Baltazar, No. 1:25-cv-3688-SKC-SBP, 2025 WL 3718159, at *1 (D. Colo. Dec. 23, 2025). Consequently, on or before February 20, 2026, Respondents shall RESPOND to the Petition and SHOW CAUSE why the Petition should not be granted. In their Response, Respondents must first address whether the present case differs factually or legally from Aleman Hernandez in any material respect, and if so, shall specify the material differences. 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 4/21/2026. Text Only Entry (skclc1)
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| Filing 6 CASE REASSIGNED. Pursuant to #5 Consent to Jurisdiction of Magistrate Judge, all parties do not consent. Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-01534-SKC. (Text Only Entry) (sphil, ) |
| Filing 5 CONSENT to Jurisdiction of Magistrate Judge by Petitioner Eriolkis Matos Hernandez All parties do not consent.. (Carredeguas, Gladys) |
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Filing 4
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 4/13/2026. ORDERED that Respondents show cause within seven (7) days from the date of this Order why the Application for a writ of habeas corpus should not be granted. ORDERED that, pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before April 20, 2026. (sphil, ) Modified on 4/13/2026 to edit title.(sphil, ).
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued due to Case Type. (eguth, ) Modified on 4/13/2026 to add text(eguth, ). |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10941115)Attorney Gladys Carredeguas added to party Eriolkis Matos Hernandez(pty:pet), filed by Eriolkis Matos Hernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Carredeguas, Gladys) |
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