Western District of New York • 1:26-cv-00409

Gutierrez-Moraga v. U.S. Immigration and Customs Enforcement (ICE)

Completed

Case Information

Filed: March 06, 2026
Assigned to: John Leonard Sinatra Jr.
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 12, 2026
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 06, 2026
PETITION for Writ of Habeas Corpus, filed by Yasmani Gutierrez-Moraga. Fee Status: paid $5, receipt #100009110.(DDS) (Entered: 03/06/2026)
Main Document: PETITION
Mar 06, 2026
Remark: Clerk's Office mailed petitioner, to the address of record, a pro se packet including the privacy notice, consent to proceed before a magistrate judge, pro se assistance program information and a civil case time line. (DDS)
#2
Mar 11, 2026
ORDERED that, by April 24, 2026, Respondent shall file and serve an answer responding to the allegations in the petition; and it is further ORDERED that, by April 24, 2026, Respondent shall file and serve, in addition to the answer, a memorandum of law addressing each issue raised in the petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act; and it is further ORDERED that, by April 24, 2026, instead of an answer, Respondent may file a motion to dismiss the petition, accompanied by appropriate exhibits demonstrating that an answer to the petition is unnecessary; and it is further ORDERED that Petitioner's written response to Respondent's answer or motion to dismiss is due by May 19, 2026; and it is further ORDERED that the Clerk of Court shall serve a copy of the petition, together with a copy of this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYWImmigration-Habeas@usdoj.gov.PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR RESPONDENT. Signed by Hon. John L. Sinatra, Jr. on 3/11/2026. (DDS)This was mailed to: plaintiff at the address of record. (Entered: 03/11/2026)
Main Document: ORDERED
Mar 11, 2026
Remark: Clerk served a copy of the petition and order 2 electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYWImmigration-Habeas@usdoj.gov. (DDS)
#3
Mar 23, 2026
Mail Returned as Undeliverable: Pro Se case opening packet sent to Yasmani Gutierrez-Moraga. Clerk re-sent including A number on label. (LB) (Entered: 03/24/2026)
Main Document: Mail
#4
Mar 26, 2026
Mail Returned as Undeliverable. 2 Order, sent to Yasmani Gutierrez-Moraga (JLH) (Entered: 03/26/2026)
Main Document: Mail
#5
Apr 13, 2026
Mail Returned as Undeliverable. Pro Se case opening packet sent to Yasmani Gutierrez-Moraga (CGJ) (Entered: 04/13/2026)
Main Document: Mail
#6
May 29, 2026
AMENDED ORDER By June 26, 2026, Respondent shall file and serve an answer and memorandum of law or, instead of an answer, Respondent may file a motion to dismiss the petition. Petitioner's written response to Respondent's answer ormotion to dismiss is due by July 16, 2026. Signed by Hon. John L. Sinatra, Jr. on 5/29/2026. (LB)This order was mailed to: Petitioner. A copy of the petition together with a copy of this order, has been sent to USANYW-Immigration-Habeas@usdoj.gov. (Entered: 05/29/2026)
Main Document: AMENDED
#7
Jun 02, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of U.S. Immigration and Customs Enforcement (ICE), et al. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/02/2026)
#8
Jun 02, 2026
Letter filed by U.S. Immigration and Customs Enforcement (ICE), et al re Petitioner's release via voluntary departure. (Khalil, Adam) (Entered: 06/02/2026)
Main Document: Letter
#9
Jun 03, 2026
TEXT ORDER re Respondents' 8 Letter. Any response from Petitioner is due by 6/19/2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/3/2026. (KEF)This was mailed to: Petitioner. (Entered: 06/03/2026)
#10
Jun 22, 2026
Mail Returned as Undeliverable. 9 Text Order sent to Yasmani Gutierrez-Moraga (CGJ) (Entered: 06/22/2026)
Main Document: Mail
#11
Jun 22, 2026
Mail Returned as Undeliverable. 6 AMENDED ORDER sent to Yasmani Gutierrez-Moraga (CGJ) (Entered: 06/23/2026)
Main Document: Mail
#12
Aug 11, 2026
TEXT ORDER. An immigration judge granted Petitioner voluntary departure, and Petitioner departed the United States on March 20, 2026. Dkt. 8, at 3. Petitioner, therefore, has been released from the administrative custody of the Department of Homeland Security, Immigration and Customs Enforcement. Because the relief that Petitioner sought was to be released, see Dkt. 1, his habeas petition became moot upon his release from custody and departure from the United States. Petitioner no longer is subject to the conditions that caused his alleged deprivation, and, as a result, this Court lacks subject matter jurisdiction to further examine the merits of the petition. See Harvey v. Holder, 63 F. Supp. 3d 318, 320-21 (W.D.N.Y. 2014). This action is dismissed as moot. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 8/11/2026. (KEF)This was mailed to: Petitioner's address of record.Clerk to Follow up (Entered: 08/11/2026)
#13
Aug 24, 2026
Mail Returned as Undeliverable: 12 Text Order sent to Yasmani Gutierrez-Moraga. (KLH) (Entered: 08/28/2026)
Main Document: Mail