Southern District of West Virginia • 2:26-cv-00130
Chavez Ochoa v. Mason
Active
Case Information
Filed: February 23, 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 26, 2026
Parties:
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Docket Entries
#1
Feb 23, 2026
PETITION FOR WRIT OF HABEAS CORPUS by Marcial Eduardo Chavez Ochoa, Marcelino Nunez Lopez against Pamela Jo Bondi, Todd M. Lyons, Christopher Mason, Kristi Noem, Michael T. Rose pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9051147. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Summons for Pamela Bondi, # 4 Proposed Summons for Todd Lyons, # 5 Proposed Summons for Christopher Mason, # 6 Proposed Summons for Kristi Noem, # 7 Proposed Summons for Michael Rose, # 8 Civil Cover Sheet) (lca)
Main Document:
PETITION
#2
Feb 23, 2026
MOTION by Marcial Eduardo Chavez Ochoa, Marcelino Nunez Lopez, for Immediate Order to Show Cause And Immediate Order Preventing Removal or Transfer of Petitioners Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (lca)
Main Document:
MOTION
#3
Feb 23, 2026
ELECTRONIC SUMMONS ISSUED as to Christopher Mason, re: 1 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). (lca)
Main Document:
ELECTRONIC
#4
Feb 23, 2026
ELECTRONIC SUMMONS ISSUED as to Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Michael T. Rose, re: 1 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 issued as to Todd Lyons, # 2 Summons issued as to Kristi Noem, # 3 Summons issued as to Michael Rose) (lca)
Main Document:
ELECTRONIC
#5
Feb 23, 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
#6
Feb 23, 2026
ORDER granting the 2 MOTION by Marcial Eduardo Chavez Ochoa, Marcelino Nunez Lopez for Immediate Order Preventing Removal or Transfer of Petitioner Pending Disposition of Petition; Respondents shall not 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, the Respondents shall not transport the Petitioners to a geographically further location or remove the Petitioners from the United States pending further order of the Court; Petitioners shall serve this order on the United States Attorney for the Southern District of West Virginia by 2:00 p.m., 2/23/2026; the Petitioners shall serve this order on Christopher Mason, Superintendent, South Central Regional Jail by 2:00 p.m., 2/23/2026; Respondents shall file a written response to show cause why the petition should not be granted by 2:00 p.m., 2/25/2026; the parties shall appear for a hearing at 9:00 a.m., 2/26/2026. Signed by Judge Irene C. Berger on 2/23/2026. (cc: counsel of record; any unrepresented party, Matthew C. Lindsay) (lca)
Main Document:
ORDER
#7
Feb 23, 2026
SUMMONS RETURNED EXECUTED for Christopher Mason, Christopher Mason served on 2/23/2026, answer due 3/16/2026. (Nash, Lesley)
Main Document:
SUMMONS
#8
Feb 23, 2026
SUMMONS RETURNED EXECUTED for Michael T. Rose, Michael T. Rose served on 2/23/2026, answer due 4/24/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
SUMMONS
#9
Feb 23, 2026
SUMMONS RETURNED EXECUTED for Todd M. Lyons, Todd M. Lyons served on 2/23/2026, answer due 4/24/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
SUMMONS
#10
Feb 23, 2026
SUMMONS RETURNED EXECUTED for Kristi Noem, Kristi Noem served on 2/23/2026, answer due 4/24/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
SUMMONS
#11
Feb 23, 2026
SUMMONS RETURNED EXECUTED for Pamela Jo Bondi, Pamela Jo Bondi served on 2/23/2026, answer due 4/24/2026. Person Served: Matthew Lindsay, Civil Chief, USAO SDWV. (Nash, Lesley)
Main Document:
SUMMONS
#12
Feb 23, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Christopher Mason (Eates, Anthony)
Main Document:
RESPONSE
#13
Feb 23, 2026
WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED/ORDER for Marcial Eduardo Chavez Ochoa and Marcelino Nunez Lopez, returnable on 2/26/2026 at 9:00 a.m.; directing that the West Virginia Division of Corrections and Rehabilitation and ICE TRANSPORT the Petitioners as directed herein; 2 copies of writ issued and delivered to U. S. Marshal. Signed by Judge Irene C. Berger on 2/23/2026. (cc: USM; counsel of record; any unrepresented party) (kew)
Main Document:
WRIT
Feb 23, 2026
Case Assigned
Feb 23, 2026
CASE assigned to Judge Irene C. Berger. (klc)
#14
Feb 25, 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) Motion referred to Magistrate Judge Omar J. Aboulhosn.(Lindsay, Matthew)
Main Document:
Motion / Application / Petition to Exceed Page Limit
#15
Feb 25, 2026
MOTION by Marcial Eduardo Chavez Ochoa, Marcelino Nunez Lopez to Waive Certain Requirements of L.R. Civ. P. 83.6 and for Pro Hac Vice Admission of Co-Counsel. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Nash, Lesley)
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#16
Feb 26, 2026
Notice of Change of Attorney Information
Main Document:
Notice of Change of Attorney Information
#17
Feb 26, 2026
Show Cause Hearing
Main Document:
Show Cause Hearing
#18
Feb 26, 2026
Order on Motion / Application / Petition for Miscellaneous Relief
Main Document:
Order on Motion / Application / Petition for Miscellaneous Relief
#19
Feb 26, 2026
RESPONSE by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Michael T. Rose to 6 Order and MOTION to Dismiss 1 Petition for Writ of Habeas Corpus; filed pursuant to Memorandum Opinion and Order entered of even date. (Attachments: # 1 Exhibit A, # 2 Exhibit B) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
Main Document:
Motion / Application / Petition to Dismiss
#20
Feb 26, 2026
MEMORANDUM OPINION AND ORDER The 14 MOTION by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Michael T. Rose to Exceed Page Limit is GRANTED and directed to be FILED; the Motion to Dismiss (Document 14-1) is DENIED; the 1 Petition for Writ of Habeas Corpus is GRANTED; the Petitioners are directed to be RELEASED from custody immediately; directing that all of Petitioners' personal belongings be returned upon release; Respondents are PROHIBITED from re-arresting and detaining the Petitioners pending further order of this Court. Signed by Judge Irene C. Berger on 2/26/2026. (cc: counsel of record; any unrepresented party) (kew)
#21
Feb 26, 2026
Notice (Other)
Main Document:
Notice (Other)
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