Western District of New York • 1:26-cv-01067

May 22, 2026

Filing fee: $ 5.00, receipt number ANYWDC-5839598 (MMG)

#1

May 26, 2026

First PETITION for Writ of Habeas Corpus 1:26-cv-01067, filed by Helman ZULETA.(Salmen-Navarro, Hedwin) (Entered: 05/26/2026)

#2

May 26, 2026

CONTINUATION OF EXHIBITS by Helman ZULETA. to 1 Petition for Writ of Habeas Corpus 1:26-cv-01067 filed by Helman ZULETA. (Salmen-Navarro, Hedwin) (Entered: 05/26/2026)

#3

May 26, 2026

CONTINUATION OF EXHIBITS by Helman Zuleta. to 1 Petition for Writ of Habeas Corpus, Filing Fee Received, 2 Continuation of Exhibits 1:26-cv-01067 filed by Helman Zuleta. (Salmen-Navarro, Hedwin) (Entered: 05/26/2026)

May 26, 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)

May 26, 2026

E-Filing Notification re 1 First PETITION for Writ of Habeas Corpus: Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (MMG)

May 26, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (MMG)

#4

May 29, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 5/29/2026. (DDS) (Entered: 05/29/2026)

May 29, 2026

Remark: Clerk emailed copy of 1 Petition and 4 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (DDS)

#5

Jun 12, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Batavia Warden, Todd Blanche, Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/12/2026)

#6

Jun 12, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Batavia Warden, Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Declaration of DO Rivera, # 2 Exhibit A to Rivera Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 06/12/2026)

#7

Jul 20, 2026

TEXT ORDER. Petitioner's response to Respondents' motion to dismiss is due on or before July 27, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 07/20/2026. (JCL) (Entered: 07/20/2026)

#8

Jul 24, 2026

RESPONSE in Opposition re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Habeas Corpus filed by Helman Zuleta. (Attachments: # 1 Exhibit EOIR Motion to Reopen)(Salmen-Navarro, Hedwin) (Entered: 07/24/2026)

#9

Jul 27, 2026

Letter filed by Batavia Warden, Todd Blanche, Markwayne Mullin, David Venturella requesting lifting of restriction on Petitioner's removal pending an evidentiary hearing. (Khalil, Adam) (Entered: 07/27/2026)

#10

Jul 28, 2026

TEXT ORDER granting 6 Motion to Dismiss and dismissing 1 the petition without prejudice. Petitioner was first removed from the United States in 2008. ECF No. 6-1 at ¶¶ 9-10. He re-entered the country without inspection in June 2018. ECF No. 1 at ¶ 13. Respondents arrested and detained Petitioner on May 20, 2026, and reinstated the prior order of removal against him. See ECF No. 1 at ¶¶ 2, 18; ECF No. 6-1 at ¶¶ 11-12. He filed his petition for a writ of habeas corpus on May 26, 2026. ECF No. 1. The extent of Petitioner's legal argument in support of his petition for relief is that his "continued detention violates the Due Process clause of the United States Constitution." ECF No. 1 at ¶ 21. He seeks immediate release. Id. at 5. Petitioner has not demonstrated any entitlement to relief. Petitioner's detention is governed by 8 U.S.C. § 1231 because a prior order of removal against him was reinstated. See Johnson v. Guzman Chavez, 594 U.S. 523, 542 (2021); 8 U.S.C. § 1231(a)(5) ("If the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry."). Petitioner filed the instant petition for relief after less than one week in custody and has been in custody for approximately two months as of the date of this Order. The Supreme Court had held that detention of a noncitizen for up to six months under § 1231 is "presumptively reasonable" under the Constitution. Zadvydas v. Davis, 533 U.S. 687, 701 (2001).To the extent Petitioner intended to raise a claim under Zadvydas, such a claim is premature. See, e.g., Frederick v. Feeley, No. 19-CV-6090-FPG, 2019 WL 1959485, at *4 (W.D.N.Y. May 2, 2019) (dismissing petition as premature when the petitioner "ha[d] not been detained beyond the presumptively reasonable period of detention"). As noted, Petitioner has set forth no other basis showing entitlement to release due to a violation of his due process rights. See ECF Nos. 1 (original petition), 8 (reply to motion to dismiss).The Clerk of Court is directed to enter judgment in favor of Respondents and close this case.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/28/26. (NWA)Clerk to Follow up (Entered: 07/28/2026)

#11

Jul 30, 2026

JUDGMENT in favor of Batavia Warden, David Venturella, Markwayne Mullin, Todd Blanche against Helman Zuleta. Signed by Andrew W. Moeller, Clerk of Court, on 7/30/2026. (DDS) (Entered: 07/30/2026)