Garcia-Lucio v. Baltazar
| Hector Garcia-Lucio |
| Juan Baltazar |
| 1:2026cv05802 |
| November 2, 2026 |
| U.S. District Court for the District of Colorado |
| Regina M. Rodriguez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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This docket was last retrieved on November 4, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 CERTIFICATE of Service by E-Mail by Clerk of Court re #1 Application for Writ of Habeas Corpus pursuant to 4 Order, to [email protected]. Text Only Entry. (agryan) |
Filing 4
ORDER. This matter is before the Court on Petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241. ECF No. #1 . The Clerk of Court is DIRECTED to provide notice to the United States Attorney's Office of this action and provide the United States Attorney's Office by email with the #1 Application and a copy of this Order. Within seven days of the Notice to the United States Attorney's Office, by 11/12/2026, Respondents shall SHOW CAUSE why the Petition should not be granted. See 28 U.S.C. 2243. Unless otherwise ordered by the Court, if Respondents do not file a response to the Petition and Court Order by this deadline, Petitioner shall be released from custody no later than 24 hours after the response deadline, along with all his personal belongings, without onerous conditions of release, including, without limitation, GPS monitoring, mandatory reporting, or other restrictions on his movement. Respondents shall facilitate Petitioner's transportation from the detention facility by providing all necessary identity and travel documents to return to his primary address. Respondents are ENJOINED from re-arresting or re-detaining Petitioner unless they demonstrate, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that he is a flight risk or danger to the community such that his physical custody is legally justified pursuant to 8 U.S.C 1226(a). At any such bond hearing, Respondents shall bear the burden of proof, and Petitioner shall be allowed to have counsel present. This injunction shall remain in effect until such time as this Court, or the Tenth Circuit Court of Appeals, vacates this Order. Respondents SHALL FILE, no later than seven days after the response deadline, a status report informing the Court that Petitioner has been released in compliance with this Order. Pursuant to the All Writs Act, 28 U.S.C. 1651(a) Respondents SHALL NOT REMOVE Petitioner from the District of Colorado unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. SO ORDERED by Chief Judge Regina M. Rodriguez on 11/4/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (kmyha)
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Filing 3
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 11/4/2026. Case randomly reassigned to Chief Judge Regina M. Rodriguez and Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleading should be designated as 26-cv-5802-RMR. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (bschl, )
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| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (agarc, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 120409), filed by Hector Garcia-Lucio. (Attachments: #1 Receipt)(agarc, ) |
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| Respondent: Juan Baltazar | |
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| Petitioner: Hector Garcia-Lucio | |
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