Western District of New York • 1:26-cv-01227

#1

Jun 15, 2026

VERIFIED EMERGENCY PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law, filed by Fabiel Zayas-Pozo.(DDS) (Entered: 06/15/2026)

Jun 15, 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. (DDS)

Jun 15, 2026

Filing fee: $ 5, receipt number 100009818. (DDS)

Jun 15, 2026

Remark: The clerk mailed to the plaintiff a pro se packet including the privacy form, consent to proceed before a magistrate judge, pro se assistance program information and civil case timeline. (DDS)

#2

Jun 16, 2026

ORDERED that, by July 16, 2026, Respondents shall file and serve an answer responding to the allegations in the petition; and it is further ORDERED that, by July 16, 2026, Respondents 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 July 16, 2026, instead of an answer, Respondents 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 Respondents' answer or motion to dismiss is due by July 31, 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 USANYW-Immigration-Habeas@usdoj.gov. PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR RESPONDENTS. Signed by Hon. John L. Sinatra, Jr. on 6/16/2026. (DDS)This was mailed to: Petitioner. (Entered: 06/16/2026)

#3

Jul 16, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/16/2026)

#4

Jul 16, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Ball. (Attachments: # 1 Declaration of DO DiRienzo, # 2 Exhibit A to DiRienzo Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 07/16/2026)

#5

Jul 16, 2026

CERTIFICATE OF SERVICE by Michael Ball re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Khalil, Adam) (Entered: 07/16/2026)

#6

Jul 29, 2026

REPLY in Opposition re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fabiel Zayas-Pozo. (DDS) (Entered: 07/30/2026)

#7

Aug 04, 2026

DECISION AND ORDER that Petitioner's petition 1 is Dismissed without prejudice. The Clerk of Court shall enter judgment and close this case. Signed by Hon. John L. Sinatra, Jr. on 8/4/2026. (TME)This was mailed to: Petitioner.

#8

Aug 05, 2026

JUDGMENT in favor of David Venturella, Markwayne Mullin, Michael Ball, Todd Blanche against Fabiel Zayas-Pozo. Signed by Andrew W. Moeller, Clerk of Court on 8/5/2026. (TME)This was mailed to: Petitioner. (Entered: 08/05/2026)