Ortega-Artica v. Davies et al
| Nelson Yonel Ortega-Artica |
| Gregory Davies, Markwayne Mullin, U.S. Department of Homeland Security, Todd Blanche, Executive Office for Immigration Review and Juan Baltasar |
| 1:2026cv02360 |
| May 28, 2026 |
| U.S. District Court for the District of Colorado |
| Nina Y Wang |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2255 Petition for Writ of Habeas Corpus |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 16, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 16
MINUTE ORDER: This matter is before the Court on the #14 Motion for Stay on Appeal Under Federal Rule of Appellate Procedure ("FRAP") 8 and #15 Emergency [Second] Motion for Stay on Appeal Under Federal Rule of Appellate Procedure ("FRAP") 8. In the Motions, Petitioner asks this Court to, among other things, "[e]nter a Stay in Deportation Proceedings due to the fact that he was removed from the detention center in order to proceed to his removal from the United States and allow him to proceed with his appeal." [Doc. #15 at 5]. Petitioner attaches a July 13, 2026 order in his removal proceedings, see [Doc. 14-1], which states that on May 5, 2026, Petitioner was granted voluntary departure and he waived his right to appeal, [id. at 4-5]. Petitioner later appealed the order of voluntary departure, but the Appellate Immigration Judge denied the appeal on July 13, 2026, "as [Petitioner] has made no persuasive argument that the decision to waive appeal was not a voluntarily, knowing and intelligent one." [Id. at 5]. The Appellate Immigration Judge further stated that the order granting voluntary departure "became administratively final upon [Petitioner]'s waiver of the right to appeal." [Id.].Federal Rule of Appellate Procedure 8 does not provide authority for the Court to enter a stay related to the voluntary departure or deportation proceedings. Under Rule 8, a district court may order 3 types of relief pending appeal: (1) of a stay of a judgment or order; (2) of approval of a bond or security provided to obtain a stay of judgment; or (3) of an order suspending, modifying, restoring, or granting an injunction. Fed. R. App. P. 8(a)(1). None of this relief is available here because the Court has not issued a judgment or order on Petitioner's habeas petition, the Court has not approved a bond or security, and the Court has not issued any injunctive relief other than the #7 All Writs Act Order. Rather, the Petitioner is "asking the Court to actively interfere with the determination of another government body-specifically with an executive agency determination-by granting a stay of deportation. Federal Rule of Appellate Procedure 8 does not give the Court authority to take such action." Cervantes De Hernandez v. Chertoff, 368 F. Supp. 2d 909, 910 (E.D. Wis. 2005); see also United States v. Trevino-Hernandez, No. 10-cr-00112-JHP, 2015 WL 3866079, at *1 (N.D. Okla. June 22, 2015) ("Trevino-Hernandez seeks a stay of the deportation proceedings against him, which is outside of this Court's jurisdiction. Trevino-Hernandez may seek a stay of his removal only through a petitioner filed with the appropriate Court of Appeals.").Accordingly, the #14 Motion for Stay on Appeal Under Federal Rule of Appellate Procedure ("FRAP") 8 and #15 Emergency [Second] Motion for Stay on Appeal Under Federal Rule of Appellate Procedure ("FRAP") 8 are DENIED. Additionally, because the Immigration Judge's decision granting voluntary departure is administratively final, see [Doc. 14-1 at 5], the Court VACATES the #7 Order. Cf. Castillo v. De Andra Ybarra, No. 25-cv-01074-JOB-JFR, 2026 WL 370497, at *44 (D.N.M. Feb. 10, 2026) ("The All Writs Act, therefore, is incapable of preventing the United States from carrying out a lawful order of removal on the basis of protecting the Courts jurisdiction, because the Court will lose jurisdiction for this habeas proceeding once the United States obtains a lawful final order of removal."). By Judge Nina Y. Wang on 7/16/2026. Text Only Entry (nywlc10, )
|
| Filing 15 Emergency MOTION to Stay re #14 MOTION to Stay ON APPEAL UNDER FEDERAL RULE OF APPELLATE PROCEDURE (FRAP) 8 by Petitioner Nelson Yonel Ortega-Artica. (Attachments: #1 Exhibit A-Pacer Account 10th Circuit, #2 Exhibit B-Payment of Bar Admission 10th Circuit)(De Jesus Rodriguez, Evelyn) |
| Filing 14 MOTION to Stay ON APPEAL UNDER FEDERAL RULE OF APPELLATE PROCEDURE (FRAP) 8 by Petitioner Nelson Yonel Ortega-Artica. (Attachments: #1 Exhibit Exhibit A-Order from the BIA entered on July 14, 2026, #2 Exhibit Exhibit B-Out of Court Efforts)(De Jesus Rodriguez, Evelyn) |
| Filing 13 REPLY to Response to #10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Petitioner Nelson Yonel Ortega-Artica. (De Jesus Rodriguez, Evelyn) |
| Filing 12 ANSWER to Complaint by Juan Baltasar, Todd Blanche, Gregory Davies, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B)(Puskar, Elizabeth) |
|
Filing 11
MINUTE ORDER: The #10 Respondents' Unopposed Motion for Extension of Time to Respond to Petition for Writ of Habeas Corpus (ECF No. 1), Motion for Temporary Restraining Order (ECF No.3), and Order to Show Cause (ECF No. 7) is GRANTED. Respondents' response deadline is June 16, 2026. By Judge Nina Y. Wang on 6/10/2026. Text Only Entry(nywlc10, )
|
| Filing 10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Respondents Juan Baltasar, Todd Blanche, Gregory Davies, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security. (Puskar, Elizabeth) |
| Filing 9 NOTICE of Entry of Appearance by Elizabeth Erin Puskar on behalf of Juan Baltasar, Todd Blanche, Gregory Davies, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland SecurityAttorney Elizabeth Erin Puskar added to party Juan Baltasar(pty:res), Attorney Elizabeth Erin Puskar added to party Todd Blanche(pty:res), Attorney Elizabeth Erin Puskar added to party Gregory Davies(pty:res), Attorney Elizabeth Erin Puskar added to party Executive Office for Immigration Review(pty:res), Attorney Elizabeth Erin Puskar added to party Markwayne Mullin(pty:res), Attorney Elizabeth Erin Puskar added to party U.S. Department of Homeland Security(pty:res) (Puskar, Elizabeth) |
| Filing 8 NOTICE re #7 Order,,, Entered On May 29, 2026 by Petitioner Nelson Yonel Ortega-Artica (De Jesus Rodriguez, Evelyn) |
|
Filing 7
ORDER. Upon review of the Petition, it is ORDERED that Petitioner shall SERVE Respondents with a copy of the Petition and the Motion, and accompanying papers, along with a copy of this Order, by e-mail and by overnight mail, on or before June 2, 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 Motion and SHOW CAUSE why the Petition shall not be granted. Any reply shall be filed no later than seven days after the Response. Pursuant to the All Writs Act, and in order to preserve the Courts 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. By Judge Nina Y. Wang on 5/29/2026. (ggill, )
|
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) |
| Filing 5 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (jberr, ) |
| Filing 4 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (eguth, ) |
| Filing 3 MOTION for Temporary Restraining Order by Plaintiff NELSON YONEL ORTEGA-ARTICA. (De Jesus Rodriguez, Evelyn) |
| Filing 2 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11042602), filed by NELSON YONEL ORTEGA-ARTICA. (Attachments: #1 Exhibit 1 Record of Proceedings, #2 Exhibit 2 ICE Locator as of May 28, 2026, #3 Civil Cover Sheet Civil Cover Sheet)(De Jesus Rodriguez, Evelyn) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11042454)Attorney Evelyn Aimee De Jesus Rodriguez added to party NELSON YONEL ORTEGA-ARTICA(pty:pla), filed by NELSON YONEL ORTEGA-ARTICA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(De Jesus Rodriguez, Evelyn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
