Southern District of West Virginia • 2:26-cv-00108
Barcarcel Perez v. Mason
Active
Case Information
Filed: February 14, 2026
Assigned to:
Irene Cornelia Berger
Referred to:
Omar J. Aboulhosn
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
February 20, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 14, 2026
VERIFIED PETITION FOR WRIT OF HABEAS CORPUS by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera against Christopher Mason, Michael T. Rose, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9045168. (Attachments: # 1 Exhibit A, # 2 Proposed Summons - Christopher Mason, # 3 Proposed Summons - Michael Rose, # 4 Proposed Summons - Todd Lyons, # 5 Proposed Summons - Kristi Noem, # 6 Proposed Summons - Pamela Jo Bondi, # 7 Civil Cover Sheet) (btm) (Entered: 02/17/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#3
Feb 14, 2026
EXPEDITED MOTION by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioner Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (btm) (Entered: 02/17/2026)
Main Document:
Motion / Application / Petition for Order to Show Cause
Feb 14, 2026
Case Assigned
Feb 14, 2026
CASE assigned to Judge Irene C. Berger. (klc)
#2
Feb 17, 2026
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any pro se party) (klc)
Main Document:
Standing Order For Assignment And Referral of Civil Actions And Matters
#4
Feb 17, 2026
ELECTRONIC SUMMONS ISSUED as to Christopher Mason, re: 1 Verified Petition for Writ of Habeas Corpus (2241). Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (btm)
Main Document:
Electronic Summons Issued
#5
Feb 17, 2026
ELECTRONIC SUMMONS ISSUED as to Michael T. Rose, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, re: 1 Verified Petition for Writ of Habeas Corpus (2241). Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons - Todd Lyons, # 2 Summons - Kristi Noem, # 3 Summons - Pamela Jo Bondi) (btm)
Main Document:
Electronic Summons Issued
#6
Feb 17, 2026
SUMMONS RETURNED EXECUTED for Christopher Mason, Christopher Mason served on 2/17/2026, answer due 3/10/2026. (Nash, Lesley)
Main Document:
Summons Returned Executed
#7
Feb 17, 2026
SUMMONS RETURNED EXECUTED for Pamela Jo Bondi, Pamela Jo Bondi served on 2/17/2026, answer due 4/20/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
Summons Returned Executed as to USA
#8
Feb 17, 2026
SUMMONS RETURNED EXECUTED for Todd M. Lyons, Todd M. Lyons served on 2/17/2026, answer due 4/20/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
Summons Returned Executed as to USA
#9
Feb 17, 2026
SUMMONS RETURNED EXECUTED for Kristi Noem, Kristi Noem served on 2/17/2026, answer due 4/20/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
Summons Returned Executed as to USA
#10
Feb 17, 2026
SUMMONS RETURNED EXECUTED for Michael T. Rose, Michael T. Rose served on 2/17/2026, answer due 4/20/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
Summons Returned Executed as to USA
#11
Feb 17, 2026
ORDER granting 3 MOTION by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioner Pending Disposition of Petition; directing that Respondents are not to remove or facilitate the removal of the Petitioners from the Southern District of West Virginia pending further order of the Court; to the extent the Petitioners have already been removed from this jurisdiction Respondents are not to transport the Petitioners to a further location or remove the Petitioners from the United States pending further order of the Court; the Petitioners are to serve this Order on the USA by 2:00 p.m. on 2/17/2026; the Petitioners are to serve this Order on Christopher Mason by 2:00 p.m. on 2/17/2026; the Respondents are directed to SHOW CAUSE by 2:00 p.m. on 2/19/2026; the parties are to appear for a hearing at 1:30 p.m. on 2/20/2026. Signed by Judge Irene C. Berger on 2/17/2026. (cc: counsel of record; Matthew C. Lindsay; any unrepresented party) (kew)
Main Document:
Order on Motion / Application / Petition to Show Cause
#12
Feb 17, 2026
RESPONSE by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera to the Court's 11 Order. (Nash, Lesley)
Main Document:
Response to Court Order
#13
Feb 17, 2026
RESPONSE by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera to the Court's 11 Order. (Nash, Lesley)
Main Document:
Response to Court Order
#14
Feb 18, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Christopher Mason (Eates, Anthony)
Main Document:
RESPONSE
#15
Feb 18, 2026
WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED/ORDER for Marlon Saul Barcarcel Perez and Jose Ricardo Marron Olvera, returnable on 2/20/2026 at 1:30 p.m.; the WV Division of Corrections and Rehabilitation and ICE transport petitioners as directed herein; 2 copies of writ issued and delivered to U. S. Marshal. Signed by Judge Irene C. Berger on 2/18/2026. (cc: USM; counsel of record; any unrepresented party) (btm)
Main Document:
WRIT
#16
Feb 19, 2026
MOTION by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Michael T. Rose to Exceed Page Limit for Response to Order to Show Cause and Motion to Dismiss with proposed document attached (Attachments: # 1 Response to Order to Show Cause and Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) Motion referred to Magistrate Judge Omar J. Aboulhosn. (Lindsay, Matthew)
Main Document:
MOTION
#17
Feb 19, 2026
JOINT STIPULATION REGARDING 1 VERIFIED PETITION FOR WRIT OF HABEAS CORPUS by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera, Christopher Mason, Michael T. Rose, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi. (Nash, Lesley) (Modified on 2/20/2026 to add link to #1 verified petition and to add party filers) (kew).
Main Document:
JOINT
#18
Feb 20, 2026
MOTION by Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera to Waive Certain Requirements and for Pro Hac Vice Admission of Co-Counsel. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Nash, Lesley)
Main Document:
MOTION
#19
Feb 20, 2026
STATEMENT OF VISITING ATTORNEY from Jonathan Sidney on behalf of Marlon Saul Barcarcel Perez, Jose Ricardo Marron Olvera. Local counsel: Lesley M. Nash. Fee $50.00. Receipt # AWVSDC-9050424. (Nash, Lesley)
Main Document:
STATEMENT
#20
Feb 20, 2026
ORDER granting Petitioners' 18 MOTION to Waive Certain Requirements of L.R. Civ. P. 83.6 and for Pro Hac Vice Admission of Co-Counsel, Jonathan Sidney. Signed by Judge Irene C. Berger on 2/20/2026. (cc: counsel of record; any unrepresented party) (klc)
#21
Feb 20, 2026
SHOW CAUSE HEARING held by Judge Irene C. Berger on 2/20/2026; Court Reporter: Lisa Cook. (kkt)
Main Document:
SHOW
#22
Feb 20, 2026
OATH OF COURT INTERPRETER, Janine Rodriguez. (klc)
Main Document:
Notice (Other)
#23
Feb 20, 2026
MEMORANDUM OPINION AND ORDER granting the Respondents' 16 MOTION to Exceed Page Limit and directing that the [16-1] Response to Order to Show Cause and Motion to Dismiss, be FILED and that the motion to dismiss contained therein be DENIED; directing that the 1 Petition be GRANTED and that the Petitioners be RELEASED from custody immediately and that all of the Petitioners' personal belongings, including identification, work authorization, and any other documentation, be returned to them upon release; that the Respondents be PROHIBITED from re-arresting and detaining the Petitioners pending further order of this Court. Signed by Judge Irene C. Berger on 2/20/2026. (cc: counsel of record; any unrepresented party) (msa)
#24
Feb 20, 2026
RESPONSE TO ORDER TO SHOW CAUSE AND MOTION TO DISMISS by Pamela Jo Bondi, Todd M. Lyons, Christopher Mason, Kristi Noem, Michael T. Rose; filed pursuant to the 23 Memorandum Opinion and Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (msa)
Main Document:
Response to Order to Show Cause
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