Completed
Case Information
Filed: September 21, 2026
Assigned to:
Robert James Shelby
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 09, 2026
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 21, 2026
PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 with In Forma Pauperis request filed by Gamaliel Fernandez Tolayo. (Attachments: # 1 Exhibit 1) Traffic Citation, # 2 Exhibit 2) IJ Order, # 3 Civil Cover Sheet) (Macomber, Samuel) (Entered: 09/21/2026)
Main Document:
PETITION
#2
Sep 21, 2026
MOTION for Leave to Proceed in forma pauperis. filed by Petitioner Gamaliel Fernandez Tolayo. (Macomber, Samuel) (Entered: 09/21/2026)
Main Document:
Motion for Leave to Proceed In Forma Pauperis (Atty)
#3
Sep 21, 2026
Emergency MOTION to Stay and Memorandum in Support to Stay Transfer During Pendency of Petition filed by Petitioner Gamaliel Fernandez Tolayo. (Attachments: # 1 Text of Proposed Order)(Macomber, Samuel) (Entered: 09/21/2026)
Main Document:
Stay
#4
Sep 21, 2026
CERTIFICATE OF SERVICE by Gamaliel Fernandez Tolayo re 1 Petition for Writ of Habeas Corpus (Macomber, Samuel) (Entered: 09/21/2026)
Main Document:
CERTIFICATE
#5
Sep 22, 2026
REMARK: Courtesy email regarding case filing sent to USAO duty attorney. (faf) (Entered: 09/22/2026)
Sep 22, 2026
Judge Robert J. Shelby added. Case number will now read 1:26-cv-00147-RJS. Please make changes to document captions accordingly. (faf)
#6
Sep 25, 2026
NOTICE of Appearance by Danielle Carter on behalf of Todd Blanche, Jason Knight, Markwayne Mullin, David Venturella (Carter, Danielle) (Entered: 09/25/2026)
Main Document:
NOTICE
#7
Sep 28, 2026
ORDER TO SHOW CAUSE - Respondents are ORDERED TO SHOW CAUSE by Thursday, October 1, 2026 why the Petition for Writ of Habeas Corpus should not be granted. The court GRANTS IN PART the 3 Motion to Stay and ORDERS that Fernandez shall not be transferred out of the boundary of the Tenth Circuit. The court further ORDERS Fernandez shall not be removed from the United States unless and until the court orders otherwise. Any facility where Fernandez is held must provide access to his lawyer and be capable of making him available for an in-person hearing. Signed by Judge Robert J. Shelby on 9/28/2026. (mh) (Entered: 09/28/2026)
Main Document:
Order on Motion to Stay
#8
Oct 01, 2026
CERTIFICATE OF SERVICE by Gamaliel Fernandez Tolayo re 7 Order on Motion to Stay,, (Macomber, Samuel) (Entered: 10/01/2026)
Main Document:
CERTIFICATE
#9
Oct 01, 2026
Stipulated MOTION for Extension of Time to File Response/Reply as to 7 Order on Motion to Stay,, and Memorandum in Support filed by Respondents Todd Blanche, Jason Knight, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order)(Carter, Danielle) (Entered: 10/01/2026)
Main Document:
Extension of Time to File Response/Reply
#10
Oct 02, 2026
ORDER granting 9 Motion for Extension of Time to File Response/Reply 7 Order on Motion to Stay. Respondents must file their Response to the Order to Show Cause no later than 5:00 PM on Monday, October 5, 2026. Petitioner may file a reply no later than 5:00 PM Tuesday, October 6, 2026. Signed by Judge Robert J. Shelby on 10/2/2026. (mh) (Entered: 10/02/2026)
Main Document:
Order on Motion for Extension of Time to File Response/Reply
#11
Oct 05, 2026
RESPONSE TO ORDER TO SHOW CAUSE filed by Todd Blanche, Jason Knight, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Record of Deportable/Inadmissible Alien, # 2 Exhibit Warrant, # 3 Exhibit Notice of Custody Determination, # 4 Exhibit Notice of Rights, # 5 Exhibit Notice to Appear)(Carter, Danielle) (Entered: 10/05/2026)
Main Document:
RESPONSE
#12
Oct 05, 2026
ERRATA to 11 Response to Order to Show Cause, filed by Respondents Todd Blanche, Jason Knight, Markwayne Mullin, David Venturella . (Carter, Danielle) (Entered: 10/05/2026)
Main Document:
ERRATA
#13
Oct 05, 2026
MEMORANDUM in Opposition re 2 MOTION for Leave to Proceed in forma pauperis. filed by Respondents Todd Blanche, Jason Knight, Markwayne Mullin, David Venturella. (Carter, Danielle) (Entered: 10/05/2026)
Main Document:
MEMORANDUM
#14
Oct 06, 2026
REPLY to Response to Motion re 3 Emergency MOTION to Stay and Memorandum in Support to Stay Transfer During Pendency of Petition filed by Petitioner Gamaliel Fernandez Tolayo. (Macomber, Samuel) (Entered: 10/06/2026)
Main Document:
REPLY
#15
Oct 07, 2026
REPLY BRIEF re 2 MOTION for Leave to Proceed in forma pauperis. filed by Petitioner Gamaliel Fernandez Tolayo. (Attachments: # 1 Exhibit 1) Declaration of Skyler A. Bentley)(Macomber, Samuel) (Entered: 10/07/2026)
Main Document:
REPLY
#16
Oct 09, 2026
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Robert J. Shelby on 10/9/2026. (mh) (Entered: 10/09/2026)
Main Document:
Order on Motion for Leave to Proceed In Forma Pauperis
#17
Oct 09, 2026
MEMORANDUM DECISION AND ORDER - the court DENIES the 1 Petition. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 10/9/2026. (mh) (Entered: 10/09/2026)
#18
Oct 09, 2026
JUDGMENT is entered in favor of Respondents. Case Closed. Signed by Judge Robert J. Shelby on 10/9/2026. (mh) (Entered: 10/09/2026)
Main Document:
Judgment
Parties
Fernandez Tolayo
Party
Knight
Party