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Habeas Corpus - Alien Detainee | Colorado
Order
ORDER: Before the Court is Petitioner's 1 Application for Writ of Habeas Corpus. In their Response, Respondents state that they "are not submitting a brief in opposition to the Petition detailing the facts and circumstances of this case." Dkt. 7 , pp.12. Where, as here, "a party files a response to a motion but does not address all arguments which the motion raises, the party has effectively conceded the arguments which it does not address." Alfaro Herrera v. Baltazar, No. 1:25-cv-04014-CNS, 2026 WL 91470, at *5 (D. Colo. Jan. 13, 2026) (quoting Series 17-03-615 v. Teva Pharms. USA, Inc., 785 F. Supp. 3d 904, 935 (D. Kan. 2025)); see also C1.G ex rel C.G. v. Siegfried, 38 F.4th 1270, 1282 (10th Cir. 2022). Accordingly, Petitioner's Application for Writ of Habeas Corpus is GRANTED.
Furthermore, because Respondents have offered no lawful bases for his detention, particularly in light of Petitioner's argument that his detention has become indefinite in violation of his Due Process rights, the Court concludes Petitioner is entitled to immediate release. Vargas Cardenas v. Bondi, No. 1:26-cv-01174-SKC, 2026 WL 886340, at *2 (D. Colo. Apr. 1, 2026). Therefore, Respondents SHALL immediately release Petitioner under reasonable conditions to be set by DHS. Respondents SHALL FILE a status report within TWO DAYS of this Order certifying compliance.
SO ORDERED by Judge S. Kato Crews on 9/14/2026. Text Only Entry (skclc1)
Status Report
Joint STATUS REPORT by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullin. (Brown, Logan)
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