Western District of Kentucky • 5:26-cv-00266
Espinoza Mendoza v. Smith
Active
Case Information
Filed: September 21, 2026
Assigned to:
Rebecca Grady Jennings
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
November 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 21, 2026
PETITION for Writ of Habeas Corpus (filing fee $5, MO# 55428320341), filed by Marco Antonio Espinoza Mendoza. (Attachments: # 1 AO 242 form (petition), # 2 Declaration of Petitioner, # 3 Exhibits) (SMJ) Modified on 9/21/2026 - text added (SMJ). (Entered: 09/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 21, 2026
Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (SMJ) (Entered: 09/21/2026)
Main Document:
Case Assignment
#3
Sep 21, 2026
MOTION for Temporary Restraining Order by Petitioner Marco Antonio Espinoza Mendoza. (Attachments: # 1 Declaration) (SMJ) (Entered: 09/21/2026)
Main Document:
Temporary Restraining Order
#4
Sep 21, 2026
MOTION to Appoint Counsel by Petitioner Marco Antonio Espinoza Mendoza. (Attachments: # 1 Declaration) (SMJ) (Entered: 09/21/2026)
Main Document:
Appoint Counsel
#5
Sep 21, 2026
MOTION for Leave to Proceed in forma pauperis by Petitioner Marco Antonio Espinoza Mendoza. (SMJ) (Entered: 09/21/2026)
Main Document:
Proceed In Forma Pauperis
#6
Sep 21, 2026
NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (SMJ) (Entered: 09/21/2026)
Main Document:
Notice to Pro Se Litigants
Sep 21, 2026
Remark (Public)
Sep 21, 2026
REMARK: Electronic notification of the petition and any subsequent order constitutes valid service on all federal respondents named therein as of the date of this remark pursuant to the Memorandum of Understanding and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which the Court is applying to these cases. (SMJ)
#7
Sep 22, 2026
ORDER TO SHOW CAUSE signed by Judge Rebecca Grady Jennings on 9/22/2026 re 1 Petition for Writ of Habeas Corpus. The Clerk of Court shall serve the United States Attorney for the Western District of Kentucky electronically at the following email address: ben.schecter@usdoj.gov. The Clerk of Court shall forward by certified mail, return receipt requested one copy of the petition (Docket No. 1 ) and this Order on Respondent Adam Smith, Christian County Jailer. Show Cause Response due by 9/25/2026. Respondents shall identify whether the case presents a standard "1225/1226" issue covered by Lopez-Campos v. Raycraft, 2026 WL 1283891 (6th Cir. May 11, 2026). And if so, Respondents shall release the petitioner within 5 days. Show Cause Reply due by 10/9/2026. Show Cause Hearing on Petition set for 10/14/2026 at 10:00 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Petitioner must notify the Court on or before 12:00 PM 10/9/2026, if an interpreter is necessary for the Show Cause Hearing. In conjunction with each of their separate briefs, the Parties shall provide the following documents to the Court as applicable (*see order). As part of their briefs, the Parties shall address the following issues, as applicable (*see order). cc: Counsel, Petitioner-pro se, Respondents (as directed), US Atty-KYWD (as directed) (SMJ) (Entered: 09/22/2026)
Main Document:
Order
#8
Sep 22, 2026
NOTICE of Appearance by Calesia Henson on behalf of Todd Blanche, Todd M. Lyons, Markwayne Mullin, Sam Olson (Henson, Calesia) (Entered: 09/22/2026)
Main Document:
Notice of Appearance
#9
Sep 22, 2026
NOTICE of Certified Mailing re 1 Petition for Writ of Habeas Corpus, 7 Order. (SMJ) (Entered: 09/22/2026)
Main Document:
Notice (Other)
#10
Sep 25, 2026
Response to Order to Show Cause
Main Document:
Response to Order to Show Cause
Sep 25, 2026
Filing Fee Received
#11
Oct 02, 2026
Notice (Other)
Main Document:
Notice (Other)
#12
Oct 08, 2026
Extension of Time to File Response/Reply AND Miscellaneous Relief AND Release
Main Document:
Extension of Time to File Response/Reply AND Miscellaneous Relief AND Release
#13
Oct 08, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#14
Oct 10, 2026
Response to Motion
Main Document:
Response to Motion
#15
Oct 10, 2026
Remand
Main Document:
Remand
Oct 12, 2026
Order - TEXT ONLY
#17
Oct 13, 2026
Response to Habeas Petition
Main Document:
Response to Habeas Petition
#18
Oct 27, 2026
Extension of Time to File Response/Reply AND Ruling
Main Document:
Extension of Time to File Response/Reply AND Ruling
#19
Oct 30, 2026
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 10/30/2026. For the reasons set forth above, the Court GRANTS the Petition for Writ of Habeas Corpus (DE 1 ) and ORDERS the following. Respondents are directed to release Peti tioner immediately because of the unlawful detention in violation of his due process rights. The United States must certify compliance with the Court's order by a filing on the docket by 11/2/2026. Espinoza Mendoza's motion to compel ser vice (DE 12 ) is DENIED as moot. Espinoza Mendoza's motion (DE 12 ) for an extension of time to reply and his motion (DE 18 ) for a ruling on his motion at DE 12 are GRANTED. Espinoza Mendoza's motion for immediate release (DE 12 ) is GRANTED. Espinoza Mendoza's motions for a Temporary Restraining Order (DE 3 ), to appoint counsel (DE 4 ), for leave to proceed in forma pauperis (DE 5 ), and for a Spanish interpreter (DE 12 ) are DENIED as moot. cc: Counsel, Petitioner-pro se (SMJ)
Main Document:
Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion for Miscellaneous Relief AND Order on Motion for Release AND Order on Motion for Ruling AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
#20
Nov 02, 2026
Status Report
Main Document:
Status Report
#21
Nov 04, 2026
Status Report
Main Document:
Status Report
#22
Nov 06, 2026
Judgment AND ~Util - Set/Clear Flags
Main Document:
Judgment AND ~Util - Set/Clear Flags
Parties
Espinoza Mendoza
Party
Smith
Party