Active
Case Information
Filed: September 30, 2026
Assigned to:
David Barlow
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
October 05, 2026
Parties:
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Docket Entries
#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)
Main Document:
PETITION
#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)
Main Document:
Stay
#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)
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)
Oct 01, 2026
Order
#9
Oct 05, 2026
Dismiss
Main Document:
Dismiss
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