Western District of Kentucky • 5:26-cv-00017

Amaya v. Smith

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Case Information

Filed: January 28, 2026
Assigned to: Benjamin Beaton
Referred to: Leo Landsen King
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 28, 2026
PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief filed by Melvin Omar Serrano Amaya. (Filing fee $5; receipt number AKYWDC-4419406) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Cover Sheet) (KDY) (Entered: 01/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 28, 2026
Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (KDY) (Entered: 01/28/2026)
Main Document: Case Assignment
Jan 28, 2026
Remark: Electronic notification of the petition and any subsequent order constitutes valid service on all federal respondents named therein as of the date of this remark pursuant to the Memorandum of Understanding and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which the Court is applying to these cases. (KDY)
Jan 28, 2026
Remark (Public)
#3
Jan 29, 2026
TEXT ORDER: Under 28 U.S.C. § 636(b)(1)(A), the Court refers this matter to Magistrate Judge King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, LLK-CM (HMC) (Entered: 01/29/2026)
#4
Jan 29, 2026
TEXT ORDER: In response the petition for a writ of habeas corpus (DN 1 ), the Court directs the Respondents to show cause, no later than 2/4/26, why the writ should not be granted. See 28 U.S.C. § 2243. In light of the Petitioner's claim that the Government lacked reasons to terminate his supervision order, and terminated the order without following internal procedures mandated by regulation, the Court directs the parties to file, no later than 2/5/26, a joint report or separate letters advising the Court of whether they seek a hearing to resolve factual disputes or instead prefer that the Court set a briefing schedule and decide the petition on the papers. See M.L.P. v. Woosley, et al., No. 4:25-cv-170, DNs 6, 14 (W.D. Ky.). The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition and this order on each Respondent who has not been designated by the United States Attorney's Office, as agreed to by the Attorney's Office and the Clerk in the 1/20/26 Memorandum of Understanding, to receive electronic notice and service. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Respondents (as directed) (HMC) (Entered: 01/29/2026)
#5
Jan 29, 2026
PROOF OF CERTIFIED MAILING to Respondent Adam Smith re 1 Petition for Writ of Habeas Corpus and 4 Text Order. (HMC) (Entered: 01/29/2026)
Main Document: Notice (Other)
Jan 29, 2026
Order - TEXT ONLY
Jan 29, 2026
Order Referring Case to Magistrate Judge
#6
Feb 04, 2026
RESPONSE TO ORDER TO SHOW CAUSE filed by Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem, Adam Smith, United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Lawless, Jo) (Attachment 4 replaced on 2/6/2026) (HMC). (Attachment 3 replaced on 2/6/2026) (HMC). (Attachment 2 replaced on 2/6/2026) (HMC). (Attachment 1 replaced on 2/6/2026) (HMC). Clerk replaced attachments per Order at DN 10 on 2/6/2026. (HMC). (Entered: 02/04/2026)
Main Document: Response to Order to Show Cause
#7
Feb 04, 2026
MOTION to Strike and Substitute 6 Response to Order to Show Cause. Document or Part to be Stricken and/or Substituted: Exhibits 1-4 by Respondents Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Lawless, Jo) (Attachment 2 replaced on 2/6/2026) (HMC). (Attachment 3 replaced on 2/6/2026) (HMC). (Attachment 4 replaced on 2/6/2026) (HMC). (Attachment 5 replaced on 2/6/2026) (HMC). Clerk replaced attachments per Order at DN 10 on 2/6/2026. (HMC). (Entered: 02/04/2026)
Main Document: Strike and Substitute
#8
Feb 05, 2026
Joint STATUS REPORT by Melvin Omar Serrano Amaya, Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem. (Lawless, Jo) (Entered: 02/05/2026)
Main Document: Status Report
#9
Feb 05, 2026
NOTICE of Filing Corrected Exhibits by Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem re 6 Response to Order to Show Cause, 7 MOTION to Strike and Substitute 6 Response to Order to Show Cause. Document or Part to be Stricken and/or Substituted: Exhibits 1-4 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Lawless, Jo) (Entered: 02/05/2026)
Main Document: Notice (Other)
#10
Feb 06, 2026
TEXT ORDER: In response to the Government's motion to strike and replace exhibits containing personal identifying information (DN 7 ), the Court grants the motion and directs the Clerk to strike and replace the exhibits. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (HMC) (Entered: 02/06/2026)
Feb 06, 2026
Order on Motion to Strike and Substitute
#11
Feb 12, 2026
RETURN RECEIPT signed on behalf of Adam Smith re 5 PROOF OF CERTIFIED MAILING. (HMC) (Entered: 02/13/2026)
Main Document: Notice (Other)
#12
Feb 16, 2026
NOTICE of Appearance by Harold Mac Johns on behalf of Adam Smith (Johns, Harold) (Entered: 02/16/2026)
Main Document: Notice of Appearance
#13
Feb 16, 2026
NOTICE to Withdraw as Counsel for Adam Smith by Adam Smith re 6 Response to Order to Show Cause, (Lawless, Jo) (Entered: 02/16/2026)
Main Document: Notice (Other)
#14
Feb 17, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus, by Adam Smith. (Johns, Harold) (Entered: 02/17/2026)
Main Document: Response to Habeas Petition
#15
Mar 01, 2026
REPLY re 6 Response to Order to Show Cause, filed by Melvin Omar Serrano Amaya. (Martinez, Michael) (Entered: 03/01/2026)
Main Document: Reply
#16
Mar 10, 2026
TEXT ORDER: Several habeas petitioners in similar cases have recently informed the Court that they are no longer in custody. Consistent with "the duty of counsel to bring to the federal tribunal's attention, without delay, facts that may raise a question of mootness," Arizonans for Official English v. Arizona, 520 U.S. 43, 68 n.23 (1997) (quotation marks omitted), the Court directs the parties to file a status report, within 7 days, stating whether the Petitioner remains in federal custody. Going forward, the parties must promptly file a status report if and when the Petitioner is released, including by removal or on bond. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM) (Entered: 03/10/2026)
Mar 10, 2026
Order - TEXT ONLY
#17
Mar 12, 2026
STATUS REPORT by Adam Smith. (Johns, Harold) (Entered: 03/12/2026)
Main Document: Status Report
#18
Mar 13, 2026
STATUS REPORT by Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem. (Thompson, Timothy) (Entered: 03/13/2026)
Main Document: Status Report
#19
Jul 23, 2026
MOTION for Release by Petitioner Melvin Omar Serrano Amaya (Attachments: # 1 Proposed Order Proposed Order) (Martinez, Michael) (Entered: 07/23/2026)
Main Document: Release
#20
Aug 11, 2026
TEXT ORDER: In response to the Petitioner's motion for release (DN 19 ), the Court notes that the Petitioner appears to have by now been detained for more than six months without the Government offering evidence demonstrating a "significant likelihood of removal in the reasonably foreseeable future." Zadvydas v. Davis, 533 U.S. 678, 701 (2001); see also Salim v. Mullin, No. 5:25-cv-227, 2026 WL 1679178 (W.D. Ky. June 10, 2026). Unless it identifies such evidence within the next 7 days, the Court will order the Petitioner released, consistent with Zadvydas v. Davis This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (HMC) (Entered: 08/11/2026)
Aug 11, 2026
Order - TEXT ONLY
#21
Aug 12, 2026
NOTICE of Appearance by Jason P. Snyder on behalf of Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem (Snyder, Jason) (Entered: 08/12/2026)
Main Document: Notice of Appearance
#22
Aug 18, 2026
RESPONSE to Motion re 19 MOTION for Release filed by Pamela Jo Bondi, Field Office Director, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1 Declaration of Miryan Sarabia, # 2 Proposed Order) (Snyder, Jason) (Entered: 08/18/2026)
Main Document: Response to Motion
#23
Aug 19, 2026
TEXT ORDER: The Court directs the Petitioner to reply to the Government's response (DN 22 ) by 8/29/26. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (HMC) (Entered: 08/19/2026)
Aug 19, 2026
Order - TEXT ONLY
#24
Aug 31, 2026
Unopposed MOTION for Leave to Late File by Petitioner Melvin Omar Serrano Amaya (Attachments: # 1 Exhibit Reply to Response to OSC, # 2 Proposed Order) (Martinez, Michael) (Entered: 08/31/2026)
Main Document: Leave to
#25
Sep 02, 2026
TEXT ORDER: The Court grants Petitioner's unopposed motion for leave to file his reply brief late (DN 24 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) (Entered: 09/02/2026)
Sep 02, 2026
Order on Motion for Leave to

Parties

Amaya
Party
Smith
Party