Gracia Ledesma v. Valdez et al
| Hugo Cesar Gracia Ledesma |
| George Valdez, Markwayne Mullin, Todd Blanche, Juan Baltasar, US Department of Homeland Security and Executive Office for Immigration Review |
| 1:2026cv01643 |
| April 16, 2026 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Susan Prose |
| Habeas Corpus - Alien Detainee |
| 25 U.S.C. § 1303 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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| Filing 21 RESPONSE to #13 MOTION for Attorney Fees MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT filed by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez. (Berger, Alexandra) |
| Filing 20 Costs Taxed by Clerk in the amount of $39.57 against Respondents in favor of Petitioner. Costs awarded pursuant to the parties' Stipulation. (zcoth) |
| Filing 19 STIPULATED Proposed Bill of Costs by Petitioner Hugo Cesar Gracia Ledesma. Parties conferred on 5/18/2026. The Proposed Bill of Costs is stipulated to in its entirety by all parties. No costs remain under dispute (Attachments: #1 Exhibit Exhibit 1 - Proof of Mail Payment)(Miller, Miriam) |
| Filing 18 FINAL JUDGMENT pursuant to Orders 12 and 17 . Entered by the Clerk of the Court on 5/12/2026. (cpear) |
Filing 17
ORDER: In light of the representations in the #16 Status Report filed by Respondents, the Clerk of Court is directed to terminate this case. Petitioner is awarded costs pursuant to D.C.COLO.LCivR 54.1. See Daley v. Ceja, 158 F.4th 1152 (10th Cir. Nov. 3, 2025); 28 U.S.C. 2412(a)(1). By Judge S. Kato Crews on 5/12/2026. Text Only Entry (skcja, )
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| Filing 16 STATUS REPORT CONFIRMING COMPLIANCE WITH COURTS ORDER FOR IMMEDIATE RELEASE (ECF No. 12) by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez. (Berger, Alexandra) |
| Filing 15 MEMORANDUM regarding #13 MOTION for Attorney Fees MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT filed by Hugo Cesar Gracia Ledesma. Motion referred to Magistrate Judge Susan Prose. By Judge S. Kato Crews on 5/11/2026. Text Only Entry (skcja, ) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 5/11/2026. Text Only Entry (skcja, )
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| Filing 13 MOTION for Attorney Fees MOTION FOR ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT by Petitioner Hugo Cesar Gracia Ledesma. (Attachments: #1 Affidavit AFFIDAVIT OF COUNSEL IN SUPPORT OF THE MOTION FOR ATTORNEYS FEES PURSUANT TO EAJA, #2 Exhibit Exhibit A - Itemized Billing Statement)(Miller, Miriam) |
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Filing 12
ORDER Before the Court is Petitioner's #2 Application for Writ of Habeas Corpus. Magistrate Judge Susan Prose ordered Respondents to respond to the Petition within seven days of service and show cause why it should not be granted. In much appreciated candor to the Court, Respondents acknowledge that this case is not materially different from cases this Court and other courts in this District have decided. Dkt. 10, p.4. Accordingly, this Court adopts its reasoning from Diallo v. Baltazar, No. 1:25-cv-3548-SKC, 2026 WL 237296, at *1 (D. Colo. Jan. 29, 2026) in full.Therefore, IT IS ORDERED that Petitioner's #2 Application for Writ of Habeas Corpus is GRANTED.IT IS FURTHER ORDERED that:1. Mr. Ledezma 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. Ledezma remains within the United States. This Order shall cease to apply if he is removed from the United States;2. Respondents shall immediately release Mr. Ledezma from detention without imposing an ankle monitor or any other condition not specifically imposed in writing by the immigration judge. See Batz Barreno v. Baltasar, No. 25-cv-03017-GPG-TPO, 2026 WL 120253, at *2 (D. Colo. Jan. 15, 2026) (concluding use of a GPS ankle monitor constitutes custody for the purposes of habeas corpus and due process);3. If Petitioner resides outside of Colorado and is only in this state because Respondents have transferred him here, the Parties shall immediately confer to determine whether Petitioner wishes for ICE to transport him back to his place of residence or if Petitioner would prefer being immediately released from custody;4. If Petitioner indicates he would like to be transported back to his place of residence outside of Colorado, he shall remain in Respondents temporary custody for the sole purpose of effectuating his return to his place of residence;5. If Petitioner indicates he would like to be transported back to his place of residence outside of Colorado, Respondents SHALL transport Petitioner, at their own expense, within 36 hours of the date and time of this Order;6. To effectuate the purpose of this Court's Order and to all Mr. Ledezma to return home, Respondents are also temporarily enjoined from detaining him under 8 U.S.C. 1226 for a period of 14 days; and 7. Respondents SHALL FILE a status report within FIVE DAYS of this Order certifying compliance. SO ORDERED by Judge S. Kato Crews on 5/8/2026. Text Only Entry (skclc4)
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| Filing 11 REPLY PETITIONERS REPLY IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS by Petitioner Hugo Cesar Gracia Ledesma. (Miller, Miriam) |
| Filing 10 RESPONSE to 5 Order,,,,,,, #2 Application for Writ of Habeas Corpus, by Respondents Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, US Department of Homeland Security, George Valdez. (Attachments: #1 Exhibit Exhibit A - USA brief in Mendoza Gutierrez)(Berger, Alexandra) |
| Filing 9 NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Juan Baltasar, Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, US Department of Homeland Security, George ValdezAttorney Alexandra J. Berger added to party Juan Baltasar(pty:res), Attorney Alexandra J. Berger added to party Todd Blanche(pty:res), Attorney Alexandra J. Berger added to party Executive Office for Immigration Review(pty:res), Attorney Alexandra J. Berger added to party Markwayne Mullin(pty:res), Attorney Alexandra J. Berger added to party US Department of Homeland Security(pty:res), Attorney Alexandra J. Berger added to party George Valdez(pty:res) (Berger, Alexandra) |
| Filing 8 CASE REASSIGNED Pursuant to #7 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-01643-SKC. (Text Only Entry) (ccuen, ) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Petitioner Hugo Cesar Gracia Ledesma All parties do not consent.. (Miller, Miriam) |
| Filing 6 AFFIDAVIT /RETURN of Service of Petition for Habeas Corpus upon Attorney General for District of Colorado on 04/28/2026 by Petitioner Hugo Cesar Gracia Ledesma. (Miller, Miriam) |
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Filing 5
ORDER by Magistrate Judge Susan Prose on April 27, 2026. Upon review of Petitioner's #2 Application for Writ of Habeas Corpus (the "Petition"), which requests, inter alia, that the Court assume jurisdiction, issue a writ of habeas corpus requiring Respondents to release Petitioner within one day (or, in the alternative, provide a bond hearing under 8 U.S.C. 1226(a) within seven days), it is ORDERED that Petitioner shall serve Respondents with a copy of the #2 Petition, and accompanying papers, along with a copy of this Order, by e-mail and overnight mail, on or before April 29, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance. Within seven days of service, Respondents shall RESPOND to the #2 Petition and SHOW CAUSE why the Petition shall not be granted. In doing so, Respondents are asked to briefly address whether the issues presented here are materially different from the issues this Court has resolved in its prior rulings in Merchan-Pacheo v. Noem, No. 25-cv-3860-SBP, 2026 WL 88526 (D. Colo. Jan. 12, 2026) and/or Arenas v. Noem, No. 26-cv-24-SBP, 2026 WL 317562 (D. Colo. Feb. 5, 2026), as well as Garcia Abanil v. Baltazar, --- F. Supp. 3d ---, 2026 WL 110587 (D. Colo. Jan. 14, 2026), and the other District of Colorado cases cited in the Petition. Respondents are also asked to briefly address whether Petitioner has failed to administratively exhaust the claims asserted in the #2 Petition. It is further ORDERED that the parties shall file a completed Magistrate Judge consent form (ECF No. 4) no less than seven days from the date of this Order. Respondents are hereby enjoined from transferring Petitioner outside of the jurisdiction of the District of Colorado pending resolution of the #2 Petition. Text Only Entry (sbplc9, )
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| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) |
| Filing 3 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) |
| Filing 2 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 PETITION FOR WRIT OF HABEAS CORPUS (Filing fee $ 5, Receipt Number ACODC-10956937)Attorney Miriam Rose Miller added to party Hugo Cesar Gracia Ledesma(pty:pla), filed by Hugo Cesar Gracia Ledesma. (Attachments: #1 Exhibit Exhibit 1 - NTA, #2 Civil Cover Sheet Civil Cover Sheet)(Miller, Miriam) |
| Filing 1 Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (eguth, ) |
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