Southern District of West Virginia • 3:26-cv-00522

#1

Aug 24, 2026

PETITION FOR WRIT OF HABEAS CORPUS by Guillermo Patishtan Gomez, Jose Abram Gomez Perez, Adolfo Gomez Perez, Sergio Hernandez Hernandez, Savana Lynn Unrue against David Venturella, Markwayne Mullin, Todd Blanche, David Kluemper, Kenneth Barnett, John Rife, pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9164883. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons, # 10 Proposed Summons, # 11 Proposed Summons, # 12 Civil Cover Sheet) (skm)

#2

Aug 24, 2026

ELECTRONIC SUMMONS ISSUED as to David Venturella, Markwayne Mullin, Todd Blanche, David Kluemper, Kenneth Barnett, John Rife, 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 Markwayne Mullin, # 2 Summons as to Todd Blanche, # 3 Summons as to David Kluemper, # 4 Summons as to Kenneth Barnett, # 5 Summons as to John E. Rife) (skm)

#3

Aug 24, 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 Joseph K. Reeder for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any pro se party) (klc)

#4

Aug 24, 2026

ORDER TO SHOW CAUSE directing that Respondents SHALL file a written response to SHOW CAUSE as to why the 1 Petition for Writ of Habeas Corpus (2241) should not be granted by 12:00 PM on 8/26/2026; Petitioners shall have an opportunity to file a reply by 8/27/2026 at 12:00 PM; this matter shall be heard by this Court on 8/28/2026 at 1:00 PM in Huntington before Judge Robert C. Chambers, if necessary; to the extent Respondents intend to assert that jurisdiction and/or venue in the Southern District of West Virginia is improper in this case, Respondents shall file any such objections within twenty-four hours of entry of this Order; Petitioners shall file any reply to any filed objections no later than twenty-four hours following Respondents' filing; Respondents SHALL NOT remove or facilitate the removal of Petitioners from the Southern District of West Virginia pending further order of the Court, as more fully set forth herein; Respondents SHALL FORTHWITH and IMMEDIATELY afford Petitioners the opportunity to confidentially consult with counsel, in no event later than 8/24/2026, and shall facilitate future requests for communication within twenty-four hours of counsel's requests; upon receipt of this Order, Respondents shall promptly ensure that all of Petitioners' property seized incident to detention is accounted for and that all such property can be immediately made available to Petitioners in the event they are released, as more fully set forth herein; service of this Order shall be made by Petitioners on the United States Attorney for the Southern District of West Virginia by 5:00 PM on 8/24/2026, and shall constitute good and sufficient service on Respondents. Signed by Judge Robert C. Chambers on 8/24/2026. (cc: counsel of record; any unrepresented parties) (skm)

Aug 24, 2026

CASE assigned to Judge Robert C. Chambers. (klc)

Aug 24, 2026

Case Assigned

#5

Aug 25, 2026

NOTICE OF DISMISSAL Without Prejudice by Jose Abram Gomez Perez, Sergio Hernandez Hernandez pursuant to Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure. (Brown, Sarah)

#6

Aug 26, 2026

Petition for Writ of Habeas Corpus (2241)

#7

Aug 26, 2026

Motion / Application / Petition to Dismiss

#8

Aug 26, 2026

Notice (Other)

#9

Aug 26, 2026

MEMORANDUM OPINION AND ORDER directing that Respondents' 7 Motion to Dismiss is DENIED, and Petitioners' 6 Amended Petition for Habeas Corpus relief is GRANTED; Respondents are directed to PROMPTLY RELEASE PETITIONERS at the Federal Cou rthouse in Huntington, WV, no later than tomorrow, 8/27/2026, at 12:00 PM, and to transport Petitioners back to the Southern District of West Virginia; Respondents are further directed to provide reasonable notice of at least three hours to Petitione rs' counsel of the anticipated time and place of Petitioners' release and to facilitate the prompt return of all property seized incident to Petitioners' detention, including legal documents; Respondents shall file a notice of complian ce with the Court; further directing that Respondents are PROHIBITED from re-arresting and detaining Petitioners under 8 U.S.C. § 1225 and are PROHIBITED from re-arresting and detaining Petitioners under 8 U.S.C. § 1226(a) absent notice, a reasonable opportunity to obtain counsel, and a constitutionally adequate custody determination hearing before a neutral and detached decision-maker; Respondents are PERMANENTLY ENJOINED from imposing any conditions or restraints on Petitioners' liberty (including but not limited to an ankle monitor, curfew, or electronic monitoring) without an individualized assessment of the need for such restraints and a pre-deprivation hearing before a neutral and detached decision-maker; the Show Cause Hearing previously scheduled for 8/28/2026 is CANCELLED. Signed by Judge Robert C. Chambers on 8/26/2026. (cc: counsel of record; any unrepresented party) (jsa)

#10

Aug 26, 2026

Judgment

#11

Aug 26, 2026

Transmitted Certified Copy