Southern District of West Virginia • 3:26-cv-00538

#1

Aug 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS by Susan Marie Rosas, Primitivo Rosas Velasco, Edgar Geovanni Vazquez Rosas, Javier Rosas Malaga, Daniel Rosas Malaga against Kenneth Barnett, Todd Blanche, David Kluemper, Markwayne Mullin, John Rife, David Venturella pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9169004. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Summons as to David Venturella, # 7 Proposed Summons as to Markwayne Mullin, # 8 Proposed Summons as to Todd Blanche, # 9 Proposed Summons as to David Kluemper, # 10 Proposed Summons as to Kenneth Barnett, # 11 Proposed Summons as to John Rife, # 12 Civil Cover Sheet) (jsa)

#2

Aug 31, 2026

ELECTRONIC SUMMONS ISSUED as to Kenneth Barnett, Todd Blanche, David Kluemper, Markwayne Mullin, John Rife, David Venturella, 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 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 Rife) (jsa)

#3

Aug 31, 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 Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any pro se party) (klc)

#4

Aug 31, 2026

MOTION by Susan Marie Rosas, Daniel Rosas Malaga, Javier Rosas Malaga, Primitivo Rosas Velasco, Edgar Geovanni Vazquez Rosas for Immediate Order to Show Cause and Immediate Order Preventing Removal of Transfer of Petitioner Pending Disposition of Petition. (Attachment: # 1 Proposed Order)(Brown, Sarah)

#5

Aug 31, 2026

ORDER TO SHOW CAUSE directing that Respondents SHALL file a written response to SHOW CAUSE as to why the 1 Petition for a Writ of Habeas Corpus should not be granted by 9:00 A.M. on 9/2/2026; Petitioners shall have an opportunity to file a reply no later than 9/2/2026 at 5:00 P.M.; this matter shall be heard by this Court on 9/3/2026 at 11:00 A.M., 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; Respondents SHALL NOT remove or facilitate the removal of Petitioners from the Southern District of West Virginia pending further order of the Court; to the extent Petitioners have already been removed from this jurisdiction, Respondents SHALL NOT transport Petitioners to a geographically further location or remove Petitioners from the United States pending further order of the Court; Respondents shall FORTHWITH and IMMEDIATELY afford Petitioners the opportunity to confidentially consult with counsel, in no event later than 8/31/2026 AT 8:00 P.M., and shall take all necessary steps to facilitate such communication; urging Respondents to take into consideration Petitioners' 4 NOTICE of Petitioner Rosas Velasco's medication requirements; 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; service of this Order shall be made by Petitioners on the United States Attorney for the Southern District of West Virginia by 5:00 P.M. on 8/31/2026 and shall constitute good and sufficient service on Respondents. Signed by Judge Robert C. Chambers on 8/31/2026. (cc: counsel of record; any unrepresented party) (jsa)

Aug 31, 2026

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

Aug 31, 2026

Case Assigned

#6

Sep 02, 2026

Motion / Application / Petition to Dismiss

#7

Sep 02, 2026

Petition for Writ of Habeas Corpus (2241)

#8

Sep 02, 2026

Notice (Other)

#9

Sep 02, 2026

MEMORANDUM OPINION AND ORDER directing that Respondents' 6 MOTION to Dismiss is DENIED, and Petitioners' 7 Amended Petition for Writ of Habeas Corpus (2241) is GRANTED; Respondents are directed to PROMPTLY RELEASE Petitioners Javier Ro sas Malaga, Daniel Rosas Malaga, Primitivo Rosas Velasco, and Edgar Geovanni Vazquez Rosas on the sidewalk at the front entrance of the Federal Courthouse in Huntington, WV, no later than tomorrow, 9/3/2026, at 12:00 PM; directing Respondents to tran sport Petitioners back to the Southern District of West Virginia and to provide reasonable notice of at least three hours to Petitioners' counsel of the anticipated time and place of Petitioners' release; further directing Respondents to fa cilitate the prompt return of all property seized incident to Petitioners' detention, including legal documents, and to file a notice of compliance 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 hear ing 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 a n 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 9/3/2026 is CANCELLED. Signed by Judge Robert C. Chambers on 9/2/2026. (cc: counsel of record; any unrepresented party) (jsa)

#10

Sep 02, 2026

Judgment

#11

Sep 02, 2026

Transmitted Certified Copy