Africano Pulido v. Baltazar et al
| Andry Africano Pulido |
| Juan Baltazar, George Valdez, Todd Lyons, Markwayne Mullin and Todd Blanche |
| 1:2026cv01818 |
| April 29, 2026 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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| Filing 12 STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Ross, Katherine) |
Filing 11
ORDER: Petitioner's Petition for Writ of Habeas Corpus, ECF No. #1 , is GRANTED. It is FURTHER ORDERED that Respondents shall release Petitioner from custody immediately, but no later than within 48 hours of this Order, and may not impose any additional conditions of release or supervision beyond those she was subject to immediately prior to her recent detention. Respondents SHALL FILE a status report within THREE DAYS of this Order to certify compliance. Respondents are further ENJOINED AND RESTRAINED from re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing, that Petitioner is a flight risk or danger to the community such that her physical custody is legally justified. At any such bond hearing, the government shall bear the burden of proof. By Judge Charlotte N. Sweeney on 5/21/2026. (cnsja, )
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| Filing 10 REPLY to #1 Application for Writ of Habeas Corpus, 9 Minute Order, by Petitioner Andry Africano Pulido. (Larson, Skylar) |
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Filing 9
MINUTE ORDER: Before the Court is Respondents' Response, ECF No. #8 , to Petitioner's habeas petition, ECF No. #1 . Petitioner SHALL FILE a reply to Respondents' response brief on or before May 18, 2026. Such reply brief shall not exceed 10 pages. By Judge Charlotte N. Sweeney on 5/12/2026. Text Only Entry (cnsja, )
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| Filing 8 ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: #1 Exhibit A (Ketels Declaration))(Ross, Katherine) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez All parties do not consent.. (Ross, Katherine) |
| Filing 6 NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George ValdezAttorney Katherine Ann Ross added to party Juan Baltazar(pty:res), Attorney Katherine Ann Ross added to party Todd Blanche(pty:res), Attorney Katherine Ann Ross added to party Todd Lyons(pty:res), Attorney Katherine Ann Ross added to party Markwayne Mullin(pty:res), Attorney Katherine Ann Ross added to party George Valdez(pty:res) (Ross, Katherine) |
| Filing 5 AFFIDAVIT/RETURN of Service of ECF Nos. 1 and 4 upon Juan Baltazar, George Valdez, Todd Lyons, Markwayne Mullin, Todd Blanche, and Kevin Traskos on 05/01/2026, filed by Petitioner Andry Africano Pulido (Larson, Skylar) |
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Filing 4
MINUTE ORDER: Before the Court is Petitioner Andry Africano Pulido's Petition for Writ of Habeas Corpus. ECF No. #1 . In the Petition, Petitioner requests that the Court "[g]rant the Petition for Writ of Habeas Corpus and order Respondents to immediately release Pulido from custody." Id. at 21. Having reviewed the Petition, the Court ORDERS Petitioner to, no later than two calendar days from the entry of this Order, (1) serve Respondents with copies of the Petition and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail pursuant to the service requirements outlined in Federal Rule of Civil Procedure 4(i); and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Within five (5) calendar days of service, Respondents are ORDERED TO RESPOND to the Petition and are ORDERED TO SHOW CAUSE as to why the Petition should not be granted. See, 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)). Further, pursuant to the All Writs Act, 28 U.S.C. 1651(a), 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. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 45 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). By Judge Charlotte N. Sweeney on 4/30/2026. Text Only Entry (cnsja, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 2 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10980572)Attorney Skylar Madison Larson added to party Andry Africano Pulido(pty:pet), filed by Andry Africano Pulido. (Attachments: #1 Civil Cover Sheet)(Larson, Skylar) |
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