Lin v. Baltazar et al
| hao fu lin |
| Juan Baltazar, George Valdez, Markwayne Mullin, Todd Lyons and Todd Blanche |
| 1:2026cv02231 |
| May 21, 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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This docket was last retrieved on June 15, 2026. A more recent docket listing may be available from PACER.
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Filing 16
ORDER Petitioner filed a Motion for Temporary Restraining Order #13 requesting the Court issue an order "prohibiting Respondents from removing Mr. Lin from the District of Colorado or the United States pending this Court's ruling on Petitioner's Emergency Motion to Re-Open Case." Dkt. 13, ECF p.2. On June 15, 2026, Petitioner filed a Supplement #14 that informed the Court that Petitioner had been transferred outside of the District of Colorado. Because Petitioner has been transferred, the relief Petitioner seeks in his Motion for TRO is moot. Accordingly, the #13 Motion for Temporary Restraining Order is DENIED.With respect to the Emergency Motion to Re-Open Case #12 , this Court finds that it does not have jurisdiction. Under the district of confinement rule, habeas petitions challenging present physical confinement lie in only one district, the district of confinement. Ramirez v. Bondi, No. 25-cv-1002-RMR, 2026 WL 456722, at *3 (D. Colo. Feb. 18, 2026). The district of confinement is measured at the moment the habeas petition is filed, but here, this Court entered final judgment on June 10, 2026, and the case was closed. In a similar circumstance, Judge Rodriguez held that the court did not have jurisdiction to weigh the merits of a petitioner's claim where the petitioner filed a motion to enforce judgment after the case was closed. Id. at *4. There, Judge Rodriguez found that the petitioner was "detained in this District and properly filed her Habeas Petition in this Court. But she was not transferred to a facility outside of this District while her Habeas Petition was pending. Instead, her Habeas Petition was resolved when this Court granted in part and denied in part her petition. Final judgment was entered, and the Habeas Petition in this District was closed." Id. Judge Rodriguez concluded that the petitioner "must file a new Habeas petition challenging the due process of her re-detention in the district where she is confined." Id. The same is true here. As such, Petitioner's Emergency Motion to Re-Open Case #12 is DENIED.SO ORDERED by Judge S. Kato Crews on 6/15/2026.Text Only Entry (skclc4)
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| Filing 15 NOTICE of Entry of Appearance by Samuel Alan Harden on behalf of Hao Fu LinAttorney Samuel Alan Harden added to party Hao Fu Lin(pty:pet) (Harden, Samuel) |
| Filing 14 SUPPLEMENT/AMENDMENT Emergency Supplement to Emergency Motions to Re-Open Case and for Temporary Restraining Order by Petitioner Hao Fu Lin. (Attachments: #1 Exhibit Ex. A - Decl. of Darren D. Alberti, #2 Exhibit Ex. B - ICE Online Detainee Locator System screenshot)(Alberti, Darren) |
| Filing 13 Emergency MOTION for Temporary Restraining Order by Petitioner Hao Fu Lin. (Alberti, Darren) |
| Filing 12 Emergency MOTION to Reopen Case by Petitioner Hao Fu Lin. (Attachments: #1 Exhibit Ex. A - Notice of Revocation of Release, #2 Exhibit Ex. B - Conferral Correspondence)(Alberti, Darren) |
| Filing 11 FINAL JUDGMENT re: 10 Order and #8 Order, entered by Clerk on 6/10/2026. (kmyha) |
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Filing 10
ORDER: In light of the representations in the #9 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 6/10/2026. Text Only Entry (skcja, )
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| Filing 9 STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Ross, Katherine) |
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Filing 8
For the reasons shared in the attached Order, Petitioner Hao Fu Lin's #1 Application for Writ of Habeas Corpus is GRANTED. See the attached Order for impending deadlines. By Judge S. Kato Crews on 6/4/2026. (skclc4)
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| Filing 7 ANSWER to Complaint by Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin, George Valdez. (Attachments: #1 Exhibit A (Walker Declaration))(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 NOTICE re #1 Application for Writ of Habeas Corpus, 4 Order,,,,, Proof of Service by Petitioner Hao Fu Lin (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C)(Harden, Samuel) |
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Filing 4
ORDER: The Court has reviewed Petitioner Hao Fu Lin's application pursuant to 28 U.S.C. 2241 #1 , which appears to be well-founded. Therefore, 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 May 29, 2026. Petitioner shall promptly file proof of such service on the docket, and counsel for Respondents shall promptly enter their notices of appearance.The facts of this case appear to be controlled by the Court's analysis in Koridze v. Ice Field Office Director, No. 1:25-cv-3870-SKC, Dkt. 16 (D. Colo. March 6, 2026). 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 factually or legally from Koridze 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 5/22/2026.Text Only Entry (skclc4)
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) |
| Filing 2 Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. OHara. Text Only Entry. (jberr, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11029424)Attorney Darren Douglas Alberti added to party hao fu lin(pty:pet), filed by hao fu lin. (Attachments: #1 Exhibit A. Order of Supervision, #2 Civil Cover Sheet Civil Cover Sheet)(Alberti, Darren) |
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