District of Utah • 1:26-cv-00174

#1

Sep 30, 2026

PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 (Filing fee $ 5, receipt number BUTDC-5934506) filed by Gamaliel Fernandez Tolayo. (Attachments: # 1 Supplement Certificate of Service, # 2 Supplement Emergency Motion for Stay of Transfer, # 3 Exhibit Exhibit 1) (Bentley, Skyler) (Entered: 09/30/2026)

#2

Oct 01, 2026

REMARK: Courtesy email regarding case filing sent to USAO duty attorney. (tjw) (Entered: 10/01/2026)

#3

Oct 01, 2026

NOTICE OF DEFICIENCY re 1 Petition for Writ of Habeas Corpus. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (tjw) (Entered: 10/01/2026)

#4

Oct 01, 2026

Emergency MOTION to Stay Transfer During Pendency of Petition filed by Petitioner Gamaliel Fernandez Tolayo. (alf) (Entered: 10/01/2026)

#5

Oct 01, 2026

CLERK'S NOTICE OF ERROR re Motion included as exhibit in 1 Petition for Writ of Habeas Corpus. Description of error: The Emergency Motion to Stay Transfer should have been filed as a motion and not as an exhibit. The motion has been filed separately. No further action is needed, but please note for future reference. (alf) (Entered: 10/01/2026)

#6

Oct 01, 2026

DOCKET TEXT ORDER. The court is in receipt of the [ECF No. 1] Petition for Writ of Habeas Corpus and [ECF No. 4] Emergency Motion to Stay Transfer. The parties are ordered to meet and confer no later than Monday, October 5, regarding: (1) whether they agree about where Mr. Tolayo will be detained such that the Emergency Motion would be mooted; and (2) the briefing schedule for the Petition for the Writ of Habeas Corpus. If the parties do not reach an agreement, the court will order a hearing on the Emergency Motion and will set a briefing schedule on the Petition. In aid of its jurisdiction, the court orders that Respondents not remove Mr. Tolayo from Utah until the court has decided or mooted the Emergency Motion. The court also orders the Respondents to file on the docket the warrant for Petitioners arrest and the Notice of Custody Determination forthwith. Signed by Judge David Barlow on 10/01/2026. (edl) (Entered: 10/01/2026)

#7

Oct 01, 2026

PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 with filing fee previously paid $5.00, receipt number BUTDC-5934506 on 09/30/2026 filed by Gamaliel Fernandez Tolayo. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet JS 44) (Bentley, Skyler) (Entered: 10/01/2026)

Oct 01, 2026

Order

Oct 01, 2026

Judge David Barlow added. Case number will now read 1:26-cv-00174-DBB. Please make changes to document captions accordingly. (tjw)

#8

Oct 02, 2026

NOTICE of Appearance by Danielle Carter on behalf of Todd Blanche, Department of Homeland Security, Jason Knight, Markwayne Mullin, David Venturella (Carter, Danielle) (Entered: 10/02/2026)

#9

Oct 05, 2026

MOTION to Dismiss and Memorandum in Support filed by Defendants Todd Blanche, Department of Homeland Security, Jason Knight, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Original Petition, # 2 Exhibit Record of Deportable/Inadmissible Alien, # 3 Text of Proposed Order Proposed Order)(Carter, Danielle) (Entered: 10/05/2026)

#10

Oct 05, 2026

EXHIBITS filed by Todd Blanche, Department of Homeland Security, Jason Knight, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Warrant, # 2 Exhibit Notice of Custody Determination)(Carter, Danielle) (Entered: 10/05/2026)

#11

Oct 05, 2026

ERRATA filed by Defendants Todd Blanche, Department of Homeland Security, Jason Knight, Markwayne Mullin, David Venturella . (Attachments: # 1 Exhibit Original Petition)(Carter, Danielle) (Entered: 10/05/2026)

#12

Oct 07, 2026

NOTICE of Voluntary Dismissal filed by Petitioner Gamaliel Fernandez Tolayo (Bentley, Skyler) (Entered: 10/07/2026)

#13

Oct 08, 2026

NOTICE FROM THE COURT. On October 7, 2026, Petitioner filed a 12 Notice of Voluntary Dismissal. Respondents have not served either an response or a motion for summary judgment. Accordingly, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the voluntary dismissal is self-effectuating. The case has been dismissed without prejudice per the terms of the voluntary dismissal. No order will follow. (edl) (Entered: 10/08/2026)

Oct 08, 2026

Civil Case Terminated per ECF 13. (bg)