Western District of New York • 6:26-cv-06484
Gutierrez Salabarria v. Rhoney
Completed
Case Information
Filed: April 27, 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: June 02, 2026
Last Activity:
June 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 27, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5806005.), filed by Lazaro Gutierrez Salabarria. (Attachments: # 1 Civil Cover Sheet) (Barnaby, Daneal) (Entered: 04/27/2026)
Main Document:
PETITION
Apr 28, 2026
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (MMG)
Apr 28, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (MMG)
#2
Apr 30, 2026
TEXT ORDER. In light of the Second Circuit's decision in Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), the parties shall file a status report by May 7, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/30/2026. (MFE). (Entered: 04/30/2026)
#3
May 05, 2026
TEXT ORDER. Respondents' response to the Petition is due May 19, 2026, and Petitioner's reply is due May 26, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/5/2026. (MFE). Modified on 5/8/2026 (KLH). (Entered: 05/05/2026)
#4
May 07, 2026
Letter filed by Lazaro Gutierrez Salabarria . (Barnaby, Daneal) (Entered: 05/07/2026)
Main Document:
Letter
#5
May 08, 2026
AMENDED TEXT ORDER clarifying that it is the Respondent's response to the Petition, Dkt. 1, that is due May 19, 2026. Petitioner's reply is due May 26, 2026. Further, in view of the delayed notice Respondents received of this case, the deadline for Respondents' status report regarding the applicability of the da Cunha decision is extended to May 15, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/8/2026. (KLH) (Entered: 05/08/2026)
#6
May 08, 2026
Remark: Chambers emailed 1 Petition and 4 Letter, along with a complete docket sheet to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 05/08/2026)
#7
May 12, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James T. Basuch, Steven Kurzdorfer, Todd Lyons, Markwayne Mullins. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/12/2026)
#8
May 12, 2026
Letter filed by James T. Basuch, Steven Kurzdorfer, Todd Lyons, Markwayne Mullins re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/12/2026)
Main Document:
Letter
#9
May 18, 2026
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James T. Bausch, Steven Kurzdorfer, Todd Lyons, Markwayne Mullins. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 05/18/2026)
Main Document:
MOTION
#10
Jun 01, 2026
RESPONSE in Opposition re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lazaro Gutierrez Salabarria. (Attachments: # 1 Exhibit 1)(Barnaby, Daneal) (Entered: 06/01/2026)
Main Document:
RESPONSE
#11
Jun 01, 2026
DECISION AND ORDER granting 9 Motion to Dismiss and the petition is denied. The Clerk of the Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 6/1/26. (JHF) (Entered: 06/02/2026)
#12
Jun 02, 2026
JUDGMENT in favor of Markwayne Mullins, Michael Ball, Philip Rhoney, Todd Lyons against Lazaro Gutierrez Salabarria. Signed by Clerk on 6/2/26. (JHF) (Entered: 06/02/2026)
Jun 02, 2026
Clerk revised case caption party names to conform with case caption in Decision and Order. (JHF)
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