Southern District of West Virginia • 3:26-cv-00551

Rivera Santos v. Venturella

Completed

Case Information

Filed: September 02, 2026
Assigned to: Robert Charles Chambers
Referred to: Omar J. Aboulhosn
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 04, 2026
Last Activity: September 05, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION FOR WRIT OF HABEAS CORPUS by Emily Chaffin, Harlis Anain Rivera Santos, Oscar Matamoros 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-9170632. (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)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
Sep 02, 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)
Main Document: Electronic Summons Issued
#3
Sep 02, 2026
EXPEDITED MOTION by Emily Chaffin, Oscar Matamoros, Harlis Anain Rivera Santos for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioners' Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (jsa)
Main Document: Motion / Application / Petition for Miscellaneous Relief
#4
Sep 02, 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
#5
Sep 02, 2026
ORDER TO SHOW CAUSE directing that Respondents SHALL file a written response to SHOW CAUSE as to why the Petition should not be granted by 12:00 P.M. on 9/4/2026; Petitioners shall have an opportunity to file a reply no later than 9/7/2026 at 5:00 P.M.; this matter shall be heard by this Court on 9/9/2026 at 2:00 P.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; Respondents shall FORTHWITH and IMMEDIATELY afford Petitioners the opportunity to confidentially consult with counsel, in no event later than TOMORROW, 9/3/2026, AT 12:00 P.M., and shall take all necessary stepsto facilitate such communication; 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 8:00 P.M. on 9/2/2026 and shall constitute good and sufficient service on Respondents. Signed by Judge Robert C. Chambers on 9/2/2026. (cc: counsel of record; any unrepresented party) (jsa)
Main Document: Order to Show Cause
Sep 02, 2026
CASE assigned to Judge Robert C. Chambers. (klc)
Sep 02, 2026
Case Assigned
#6
Sep 04, 2026
NOTICE OF NONCOMPLIANCE by Harlis Anain Rivera Santos, Emily Chaffin, re: the Court's 5 Order to Show Cause and SECOND MOTION by Harlis Anain Rivera Santos, Emily Chaffin Requiring Respondents to Facilitate a Phone Call With Petitioner. (Brown, Sarah) (Modified on 9/4/2026 to convert event to a motion, to add party filer and to add link to #5 order) (mkw).
Main Document: Motion / Application / Petition for Miscellaneous Relief
#7
Sep 04, 2026
RESPONSE by Kenneth Barnett, Todd Blanche, David Kluemper, Markwayne Mullin, John Rife, David Venturella to the Court's 5 Order to Show Cause. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lindsay, Matthew) (Modified on 9/4/2026 to add link to #5 order) (mkw).
Main Document: Response to Order to Show Cause
#8
Sep 04, 2026
NOTICE TO THE COURT by Oscar Matamoros, Harlis Anain Rivera Santos, Emily Chaffin, re: 7 Response to Order to Show Cause. (Brown, Sarah) (Modified on 9/4/2026 to add party filer) (mkw).
Main Document: Notice (Other)
#9
Sep 04, 2026
MEMORANDUM OPINION AND ORDER granting Petitioners' 1 Petition for Writ of Habeas Corpus (2241); directing Respondents to PROMPTLY RELEASE Petitioners Harlis Anain Rivera Santos and Oscar Matamoros on the sidewalk at the front entrance of the F ederal Courthouse in Huntington, WV, no later than tomorrow, Saturday, 9/5/2026 at 12:00 PM; directing Respondents to transport Petitioners back to the Southern District of West Virginia; directing Respondents to provide reasonable notice of at least three hours to Petitioners' counsel of the anticipated time and place of Petitioners' release; directing Respondents to facilitate the prompt return of all property seized incident to Petitioners' detention, including legal documents; Respondents shall file a notice of compliance with the Court; directing that Respondents FORTHWITH afford Petitioner Rivera Santos the opportunity to confidentially consult with counsel, in no event later than TODAY AT 5:00 PM, and shall take all ne cessary steps to facilitate such communication; Respondents shall provide counsel with thirty (30) minutes notice of when this call will be scheduled; 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 d etached decisionmaker; 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 decisionmaker; CANCELING the Show Cause Hearing previously scheduled for 9/9/2026. Signed by Judge Robert C. Chambers on 9/4/2026. (cc: counsel of record; any unrepresented parties) (skm)
Main Document: Memorandum & Opinion
#10
Sep 04, 2026
JUDGMENT ORDER in accordance with the accompanying 9 Memorandum Opinion and Order; directing judgment be entered in favor of Petitioners and this case be dismissed and stricken from the docket. Signed by Judge Robert C. Chambers on 9/4/2026. (cc: counsel of record; any unrepresented party) (skm)
Main Document: Judgment
#11
Sep 04, 2026
TRANSMITTED CERTIFIED COPY of 10 Judgment Order to counsel of record; to any unrepresented party via U.S. Mail. (skm)
Main Document: Transmitted Certified Copy
#12
Sep 05, 2026
NOTICE of Noncompliance by Harlis Anain Rivera Santos re: 9 Memorandum & Opinion,,,,,,,,, Order Cancelling Deadline,,,,,,,, (Brown, Sarah)
Main Document: Notice (Other)
#13
Sep 05, 2026
MOTION by Emily Chaffin for Order to Show Cause re: Motion to Enforce Judgment, for Civil Contempt, and for Sanctions Against Respondents (Brown, Sarah)
Main Document: MOTION