District of Oregon • 6:26-cv-01233

M-A v. Hernandez

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Case Information

Filed: June 18, 2026
Assigned to: Mustafa Kasubhai
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
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Last Activity: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 18, 2026
Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-10307448. Filed by Luis Antonio Martinez Ake against Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Moon, Elijah) (Entered: 06/18/2026)
Main Document: Petition - Writ of Habeas Corpus - 2241
#2
Jun 18, 2026
Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Luis Antonio Martinez Ake. (Moon, Elijah) (Entered: 06/18/2026)
Main Document: Temporary Restraining Order
#3
Jun 18, 2026
Notice of Case Assignment: This case is assigned to Judge Mustafa T. Kasubhai. (bd) (Entered: 06/18/2026)
Main Document: Case Assignment Notice - FORM EVENT
#4
Jun 18, 2026
Civil Cover Sheet regarding Petition for Writ of Habeas Corpus 2241, 1 . Filed by Luis Antonio Martinez Ake. (Moon, Elijah) (Entered: 06/18/2026)
Main Document: Civil Cover Sheet
#5
Jun 18, 2026
ORDER signed on 06/18/2026 by Judge Mustafa T. Kasubhai. Scheduling Conference is set for 6/22/2026 at 09:00AM in Eugene by videoconference before Judge Mustafa T. Kasubhai. (bd) (Entered: 06/18/2026)
Main Document: Order
#6
Jun 18, 2026
Notice of Petitioner's Release. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Keller, Joshua) (Entered: 06/18/2026)
Main Document: Notice
#7
Jun 21, 2026
Notice of Appearancefor respondents. Filed by Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Carmen Rodriguez, Eliza) (Entered: 06/21/2026)
Main Document: Attorney Appearance
#8
Jun 22, 2026
MINUTES of Proceedings: Telephonic Scheduling Conference held before Judge Mustafa T. Kasubhai regarding Petition for Writ of Habeas Corpus 2241 1, Motion for Temporary Restraining Order 2 . The parties stipulate that Respondent shall not detain Petitioner on the same basis and rationale on which Petitioner was previously detained without providing notice to counsel for Petitioner 48 hours in advance. Petitioner's Motion for a Temporary Restraining Order (ECF No. 2 ) is accordingly DENIED as moot. Respondents' Response to the Petition is due by 7/6/2026. Petitioner's Reply to the Petition is due by 7/13/2026. Oral Argument and Evidentiary Hearing is set for 8/14/2026 at 09:30AM in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. Each party is ordered to submit to chambers bench copies of all exhibits offered in support of their motion or opposition as soon as practicable after briefing on the motion is complete, but at the latest 7 days before the date of oral argument. Elijah Moon present as counsel for petitioner. Eliza Carmen Rodriguez present as counsel for respondents. (Court Reporter: Kellie Humiston.) (bd) (Entered: 06/22/2026)
Jun 22, 2026
Order on Motion for Temporary Restraining Order AND Scheduling Conference
#9
Jul 06, 2026
Unopposed Motion for Extension of Time to Answer and Respond to Writ of Habeas Corpus. Filed by Markwayne Mullin, Todd Blanche, Department of Homeland Security, U.S. Immigration and Customs Enforcement, David Venturella, Julio Hernandez. (Carmen Rodriguez, Eliza) (Entered: 07/06/2026)
Main Document: Extension of Time to Answer a Complaint/Petition
#10
Jul 08, 2026
ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to Answer and Respond to Writ of Habeas Corpus 9 . Respondents' Response to the Petition is due by 7/20/2026. Petitioner's Reply to the Petition is due by 8/3/2026. (bd) (Entered: 07/08/2026)
Jul 08, 2026
Order on Motion for Extension of Time to Answer a Complaint/Petition
#11
Jul 20, 2026
Response to Petition for Writ of Habeas Corpus.(Related document(s): Petition for Writ of Habeas Corpus 2241, 1 .) Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Carmen Rodriguez, Eliza) (Entered: 07/20/2026)
Main Document: Response
#12
Jul 20, 2026
Declaration of Redacted in Support of Respondents' Response to Petition for Writ of Habeas Corpus. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Related document(s): Response, 11 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Carmen Rodriguez, Eliza) (Entered: 07/20/2026)
Main Document: Declaration
#13
Aug 03, 2026
Petitioner's Reply in Support of Petition for a Writ of Habeas Corpus. (Related document: Petition for Writ of Habeas Corpus 1 .) Filed by L- A- M-A. (Attachments: # 1 Exhibit, # 2 Exhibit) (Moon, Elijah) Modified on 8/4/2026 to add document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/03/2026)
Main Document: Response
#14
Aug 03, 2026
Declaration of L- A- M-A. (Related document: Petitioner's Reply in Support of Petition for a Writ of Habeas Corpus 13 .) Filed by L- A- M-A. (Moon, Elijah) Modified on 8/4/2026 to add document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/03/2026)
Main Document: Exhibit
#15
Aug 05, 2026
Unopposed Motion to Continue Oral Argument and Evidentiary Hearing. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Carmen Rodriguez, Eliza) (Entered: 08/05/2026)
Main Document: Continue
#16
Aug 05, 2026
ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion to Continue Oral Argument and Evidentiary Hearing 15 . Oral Argument and Evidentiary Hearing set for 8/14/2026 is RESET for 9/3/2026 at 09:30AM in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. The deadline for each party to submit to chambers bench copies of all exhibits offered in support of their motion or opposition is extended to 8/27/2026. (bd) (Entered: 08/05/2026)
Aug 05, 2026
Order on Motion to Continue
#17
Aug 18, 2026
Notice of Supplemental Authority . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Carmen Rodriguez, Eliza) (Entered: 08/18/2026)
Main Document: Notice of Supplemental Authority
#18
Aug 27, 2026
Motion to Vacate . Filed by L- A- M-A. (Moon, Elijah) (Entered: 08/27/2026)
Main Document: Vacate
#19
Aug 28, 2026
ORDER by Judge Mustafa T. Kasubhai: Having reviewed the filings and record, the Court determines that an evidentiary hearing is necessary and appropriate. The Parties' Joint Motion to Vacate Oral Argument and Evidentiary Hearing (ECF No. 18 ) is DENIED. The Court nevertheless VACATES the Oral Argument and Evidentiary Hearing set for September 3, 2026, and will reset it at a later date. The Court ORDERS that the following individuals attend the hearing, in person, and be available to testify under oath, subject to cross examination and examination by this Court: (1) officer(s) or agent(s) who arrested petitioner, (2) the officer(s) or agent(s) who transported Petitioner, and (3) any other officer(s) or agent(s) responsible for preparing documents associated with Petitioner's detention, including those who prepared the Form I-200, the Form I-213, the Warrant, and, if applicable, the Scratch Form I-213. The Court further ORDERS that Respondents shall produce copies of the relevant Scratch Form I-213, if one was prepared, to the Court and opposing counsel. (bd) (Entered: 08/28/2026)
Aug 28, 2026
1 - Scheduling
#20
Aug 31, 2026
SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Scheduling Conference is set for 10/27/2026 at 09:45AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent to the parties by e-mail prior to the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (bd) (Entered: 08/31/2026)
Aug 31, 2026
1 - Scheduling
#21
Sep 24, 2026
SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Scheduling Conference set for 10/27/2026 is RESET for 10/13/2026 at 10:45AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent to the parties by e-mail prior to the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (bd) (Entered: 09/24/2026)
Sep 24, 2026
1 - Scheduling
#22
Oct 05, 2026
Notice of Appearance. Stephen W. Manning,Stephen W. Manning for L- A- M-A. Filed by L- A- M-A. (Manning, Stephen) (Entered: 10/05/2026)
Main Document: Attorney Appearance
#23
Oct 09, 2026
Notice of Appearance. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/09/2026)
Main Document: Attorney Appearance
#24
Oct 13, 2026
MINUTES of Proceedings: Telephonic Scheduling Conference held before Judge Mustafa T. Kasubhai. This matter is set for an evidentiary hearing and oral argument on the Petition on 11/2/2026 at 09:00AM in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. Respondents are further ordered to produce for examination in person and under oath as witnesses, in addition to those identified in the Court's prior order (ECF No. 19 ), any agents responsible for effecting Petitioner's release. By October 19, 2026, Respondents are ordered to file a notice identifying the number of witnesses that fit within the Court's criteria, their initials, and a brief description of their roles in Petitioner's arrest and detention. In addition to the documents identified in this Court's prior order (ECF No. 19 ), Respondents are ordered to produce all documents involved in Petitioner's arrest and detention as well as any body camera footage of Petitioner's arrest and detention to the Court and to Petitioner no later than October 26, 2026. Any body camera footage must be submitted in MP4 file format using H.264 video and AAC audio. To the extent the parties believe a protective order is necessary before these items may be produced, the parties are ordered to confer and submit a proposed stipulated protective order in advance of the date the production is due to allow for its timely production. Pursuant to Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts, and based upon the specific allegations before the Court, the Court finds good cause to authorize discovery under the Federal Rules of Civil Procedure. See Bracy v. Gramley, 520 U.S. 899, 909 (1997) (good cause exists for discovery in habeas cases "where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is... entitled to relief") (citation omitted). Thus, this order does not preclude Petitioner from seeking discovery sooner than October 26, 2026, pursuant to properly served requests for production. Finally, Respondents are ordered to file a notice within seven days of this order identifying the specific statutory authority upon which agents relied at or immediately before the arrest and detention of Petitioner in effecting the arrest and detention of Petitioner. Elijah Moon and Stephen Manning present as counsel for petitioner. Susanne Luse present as counsel for respondents. (Court Reporter: Shellene Iverson.) (bd) (Entered: 10/13/2026)
Oct 13, 2026
9CONV - Schedules - Set/Reset/Terminate AND Scheduling Conference
#25
Oct 15, 2026
Notice of Appearanceof Kathleen Pritchard. Filed by L- A- M-A. (Pritchard, Kathleen) (Entered: 10/15/2026)
Main Document: Attorney Appearance
#26
Oct 15, 2026
Notice of Appearance. Filed by L- A- M-A. (Garcia Orjuela, Nelly) (Entered: 10/15/2026)
Main Document: Attorney Appearance
#27
Oct 19, 2026
Notice Detention Authority Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/19/2026)
Main Document: Notice
#28
Oct 19, 2026
Notice Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/19/2026)
Main Document: Notice
#29
Oct 23, 2026
ORDER by Judge Mustafa T. Kasubhai: If any witnesses, party, or counsel need an accommodation for any disability, require the services of a court interpreter, or need assistance with any particular courtroom technology, counsel must notify the Courtroom Deputy (kasubhai_crd@ord.uscourts.gov) at least two weeks prior to the date set for the hearing. (bd) (Entered: 10/23/2026)
Oct 23, 2026
Order
#30
Oct 26, 2026
Amended Notice re Scheduling Conference,,,,,,,,,,, Set/Reset Schedules,,,,,,,,,, 24, Scheduling Order,,,, 19 Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/26/2026)
Main Document: Notice
#31
Oct 26, 2026
Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Index Admin Record Index) (Luse, Susanne) (Entered: 10/26/2026)
Main Document: Notice of Lodging of the Administrative Record
#32
Oct 26, 2026
Declaration of David Gugliemi . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Related document(s): Notice of Lodging of the Administrative Record, 31 .) (Luse, Susanne) (Entered: 10/26/2026)
Main Document: Declaration
#33
Oct 26, 2026
Administrative Record . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/26/2026)
Main Document: Administrative Record
#34
Oct 27, 2026
Motion to Continue Evidentiary Hearing 24 . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/27/2026)
Main Document: Continue
#35
Oct 27, 2026
ORDER by Judge Mustafa T. Kasubhai: Before the Court is Respondents' motion to continue the evidentiary hearing set for November 2, 2026. ECF No. 34 . The docket indicates that two other Assistant United States Attorneys have appeared or made filings in this case. Considering the totality of the circumstances, and the prejudice to Petitioner, Respondents' Motion to Continue (ECF No. 34 ) is DENIED. (bd) (Entered: 10/27/2026)
#36
Oct 27, 2026
Motion for Reconsideration of Scheduling Conference,,,,,,,,,,, Set/Reset Schedules,,,,,,,,,, 24 . Expedited Hearing requested. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Exhibit A) (Luse, Susanne) (Entered: 10/27/2026)
Main Document: Reconsideration
Oct 27, 2026
Order on Motion to Continue
#37
Oct 28, 2026
Reply to Motion for Reconsideration of Scheduling Conference,,,,,,,,,,, Set/Reset Schedules,,,,,,,,,, 24 36 . Filed by L- A- M-A. (Pritchard, Kathleen) (Entered: 10/28/2026)
Main Document: Reply to Motion
#38
Oct 28, 2026
Notice of Attorney Withdrawal: Joshua Keller. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Keller, Joshua) (Entered: 10/28/2026)
Main Document: Withdrawal of Attorney
#39
Oct 29, 2026
Notice of Attorney Withdrawal: Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/29/2026)
Main Document: Withdrawal of Attorney
#40
Oct 29, 2026
ORDER by Judge Mustafa T. Kasubhai: Before the Court is Respondents' Motion for Reconsideration (ECF No. 36 ) in which Respondents object to this Court's discovery orders and ask the Court to vacate its August 28, 2026, Order denying the joint motion to vacate the evidentiary hearing in this matter. ECF Nos. 19, 24 . The Court has reviewed the motion and Petitioner's response. Inter alia, this motion is untimely. Considering the totality of the circumstances, the Respondents' Motion for Reconsideration (ECF No. 36 ) is DENIED. The Court will provide additional reasoning on the record at the November 2, 2026, hearing. (bd) (Entered: 10/29/2026)
#41
Oct 29, 2026
Notice of Appearance. Filed by L- A- M-A. (Espinoza, Anna) (Entered: 10/29/2026)
Main Document: Attorney Appearance
Oct 29, 2026
Order on Motion for Reconsideration
#42
Oct 30, 2026
Notice re Scheduling Conference,,,,,,,,,,, Set/Reset Schedules,,,,,,,,,, 24, Scheduling Order,,,, 19 Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/30/2026)
Main Document: Notice
#43
Oct 30, 2026
Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry. Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Index Amended Admin Record Index) (Luse, Susanne) (Entered: 10/30/2026)
Main Document: Notice of Lodging of the Administrative Record
#44
Oct 30, 2026
Declaration of Chatham McCutcheon . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Related document(s): Notice of Lodging of the Administrative Record, 43 .) (Luse, Susanne) (Entered: 10/30/2026)
Main Document: Declaration
#45
Oct 30, 2026
Supplemental Administrative Record . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Luse, Susanne) (Entered: 10/30/2026)
Main Document: Administrative Record
#46
Oct 30, 2026
Corrected Motion for Reconsideration of Motion for Reconsideration, 36 . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Exhibit) (Parris-Ramfjord, Gabrielle) (Entered: 10/30/2026)
Main Document: Reconsideration
#47
Oct 30, 2026
Corrected Motion for Reconsideration of Motion for Reconsideration, 36 . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Attachments: # 1 Exhibit) (Parris-Ramfjord, Gabrielle) (Entered: 10/30/2026)
Main Document: Reconsideration
#48
Oct 30, 2026
Declaration of CW . Filed by Todd Blanche, Department of Homeland Security, Julio Hernandez, Markwayne Mullin, U.S. Immigration and Customs Enforcement, David Venturella. (Related document(s): Motion for Reconsideration, 47, Motion for Reconsideration, 36 .) (Parris-Ramfjord, Gabrielle) (Entered: 10/30/2026)
Main Document: Declaration
#49
Nov 01, 2026
Exhibit List . Filed by L- A- M-A. (Garcia Orjuela, Nelly) (Entered: 11/01/2026)
Main Document: Exhibit List
#50
Nov 01, 2026
Witness List . Filed by L- A- M-A. (Garcia Orjuela, Nelly) (Entered: 11/01/2026)
Main Document: Witness List
#51
Nov 02, 2026
Notice of AppearanceAlexander McGrath. Filed by L- A- M-A. (McGrath, Alexander) (Entered: 11/02/2026)
Main Document: Attorney Appearance
Nov 03, 2026
Evidentiary Hearing AND Motion Hearing Held
#53
Nov 05, 2026
SCHEDULING ORDER by Judge Mustafa T. Kasubhai regarding Petition for Writ of Habeas Corpus 2241 1 . Oral Argument is CONTINUED on 11/20/2026 at 09:30AM in Portland Courtroom 11A before Judge Mustafa T. Kasubhai. (bd) (Entered: 11/05/2026)
#54
Nov 05, 2026
ORDER by Judge Mustafa T. Kasubhai: Respondents filed two Corrected Motions for Reconsideration (ECF Nos. 46, 47 ) on October 30, 2026, which appear to be identical. The first filing (ECF No. 46 ) is STRICKEN as duplicative. Respondents filed the Corrected Motion "to complete the record by including the declaration of CW referenced here that was inadvertently left out of the initial Motion for Reconsideration filing." Corrected Mot. Reconsideration 1 n.1, ECF No. 47 . The Clerk of Court is directed to mark the Corrected Motion (ECF No. 47 ) as terminated because the Court denied Respondents' initial Motion for Reconsideration on October 29, 2026, ECF No. 40, and the Corrected Motion, aside from noting the filing of the Declaration of CW, see ECF No. 48, is identical in substance to the initial Motion. (bd) (Entered: 11/05/2026)
Nov 05, 2026
Order on Motion for Reconsideration AND Order on Motion for Reconsideration
Nov 05, 2026
5a - Habeas Scheduling Order - Immigration
#55
Nov 06, 2026
ORDER by Judge Mustafa T. Kasubhai: Respondents informed this Court via email that they did not fully redact a prior filing, ECF No. 12 . Respondents request leave to file a fully redacted version. Petitioner does not object. Respondents' request is GRANTED. The Court ORDERS that ECF No. 12 be SEALED. Respondents are ordered to submit a properly redacted version within seven days. (bd) (Entered: 11/06/2026)
Nov 06, 2026
Order