Southern District of West Virginia • 3:26-cv-00261
Linarez Vilchez v. Kluemper
Completed
Case Information
Filed: April 12, 2026
Assigned to:
Robert Charles Chambers
Referred to:
Dwane L. Tinsley
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: April 17, 2026
Last Activity:
April 17, 2026
Parties:
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Docket Entries
#1
Apr 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS by Franklin Alexis Linarez Vilchez, Emily Chaffin against David Kluemper, John Rife, Todd M. Lyons, Markwayne Mullin, Todd Blanche pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9083538. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) (skm) (Entered: 04/13/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
Apr 12, 2026
Case Assigned
#2
Apr 13, 2026
ELECTRONIC SUMMONS ISSUED as to David Kluemper, John Rife, Todd M. Lyons, Markwayne Mullin, Todd Blanche, 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 Petition 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 as to John E. Rife, # 2 Summons as to Todd Lyons, # 3 Summons as to Markwayne Mullin, # 4 Summons as to Todd Blanche) (skm)
Main Document:
Electronic Summons Issued
#3
Apr 13, 2026
MOTION by Emily Chaffin, Franklin Alexis Linarez Vilchez for Order to Show Cause re: Preventing Removal or Transfer of Petitioner Pending Disposition of Petition (Attachments: # 1 Proposed Order)(Brown, Sarah)
Main Document:
Motion / Application / Petition for Order to Show Cause
#4
Apr 13, 2026
Standing Order For Assignment And Referral of Civil Actions And Matters
Main Document:
Standing Order For Assignment And Referral of Civil Actions And Matters
#5
Apr 13, 2026
Motion / Application / Petition for Miscellaneous Relief
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#8
Apr 14, 2026
Response to Court Order
Main Document:
Response to Court Order
#9
Apr 14, 2026
Motion / Application / Petition to Dismiss
Main Document:
Motion / Application / Petition to Dismiss
#10
Apr 14, 2026
Memorandum In Support
Main Document:
Memorandum In Support
#11
Apr 15, 2026
Memorandum In Opposition
Main Document:
Memorandum In Opposition
#13
Apr 15, 2026
Exhibit
#14
Apr 15, 2026
Reply to Response
Main Document:
Reply to Response
#15
Apr 16, 2026
Response to Order to Show Cause
Main Document:
Response to Order to Show Cause
#16
Apr 16, 2026
Motion / Application / Petition for Writ of Habeas Corpus ad testificandum
Main Document:
Motion / Application / Petition for Writ of Habeas Corpus ad testificandum
#17
Apr 16, 2026
MEMORANDUM OPINION AND ORDER denying Defendants' 9 MOTION to Dismiss; directing Respondents to facilitate the return of Petitioner to the Southern District of West Virginia for the Show Cause Hearing scheduled for tomorrow, 4/17/2026 at 1:30 p.m.; Respondents are further directed to IMMEDIATELY inform the ICE Office of Principal Legal Advisor about this Order. Signed by Judge Robert C. Chambers on 4/16/2026. (cc: counsel of record; any unrepresented parties) (jsa)
#18
Apr 16, 2026
Writ of Habeas Corpus ad Testificandum Issued
Main Document:
Writ of Habeas Corpus ad Testificandum Issued
#19
Apr 17, 2026
Reply to Response
Main Document:
Reply to Response
#22
Apr 17, 2026
Transmitted Certified Copy
Main Document:
Transmitted Certified Copy
#23
Apr 17, 2026
Show Cause Hearing
Main Document:
Show Cause Hearing
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