Southern District of West Virginia • 3:26-cv-00667
Betanca Rivas v. Venturella
Active
Case Information
Filed: October 17, 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)
Active
Last Activity:
October 30, 2026
Parties:
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Docket Entries
#1
Oct 17, 2026
PETITION FOR WRIT OF HABEAS CORPUS by Jose Santos Cruz Betanca Rivas, Kyle Slone, Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco against Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9196576. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Summons as to Kenneth Barnett, # 7 Proposed Summons as to Todd Blanche, # 8 Proposed Summons as to Markwayne Mullin, # 9 Proposed Summons as to John Rife, # 10 Proposed Summons as to David Venturella, # 11 Civil Cover Sheet) (klc)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Oct 17, 2026
ELECTRONIC SUMMONS ISSUED as to Kenneth Barnett, Todd Blanche, Markwayne Mullin, 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 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 Kenneth Barnett, # 3 Summons as to John Rife) (klc)
Main Document:
Electronic Summons Issued
#3
Oct 17, 2026
MOTION by Jose Santos Cruz Betanca Rivas, Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco, Kyle Slone for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioners Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (klc)
Main Document:
Motion / Application / Petition for Order to Show Cause
#4
Oct 17, 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
Oct 17, 2026
ORDER TO SHOW CAUSE setting the following deadlines: 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 5:00 PM on 10/19/2026; Petitioners shall have an opportunity to file a reply no later than 5:00 PM on 10/20/2026; this matter shall be heard by this Court on 10/22/2026 at 3:30 PM, if necessary; to the extent Respondents intend to assert that jurisdiction and/or venue is improper, Respondents shall file any objections no later than 2:00 PM on 10/18/2026; directing that Respondents SHALL NOT remove or facilitate the removal of Petitioners and/or their property from the Southern District of WV; directing that this Order SHALL be construed as ordering Respondents to take every possible measure to avoid Petitioners' removal from the District or transported to a geographically further location or remove Petitioners from the United States pending further order of the Court; directing that Respondents shall FORTHWITH and IMMEDIATELY afford Petitioners the opportunity to confidentially consult with counsel no later than 5:00 PM today, 10/17/2026, and shall take all necessary steps to facilitate such communication, as more fully set forth herein; 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; directing that service of this Order shall be made by Petitioners on the United States Attorney for the Southern District by 2:00 PM, today, 10/17/2026, and shall constitute good and sufficient service on Respondents. Signed by Judge Robert C. Chambers on 10/17/2026. (cc: attys; any unrepresented party) (klc)
Main Document:
Order to Show Cause
Oct 17, 2026
CASE assigned to Judge Robert C. Chambers. (klc)
Oct 17, 2026
Case Assigned
#6
Oct 19, 2026
MOTION by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella for Extension to File Response as to 5 Order to Show Cause to 10/20/2026. (Lindsay, Matthew)
Main Document:
MOTION
#7
Oct 19, 2026
RESPONSE TO 5 ORDER TO SHOW CAUSE AND MOTION by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to Dismiss With Prejudice 1 Petition for Writ of Habeas Corpus (2241). (Attachment: # 1 Exhibits 1-3) (Lindsay, Matthew) (Modified on 10/20/2026 to add Response to #5 Order to Show Cause) (jsa)
Main Document:
MOTION
#8
Oct 20, 2026
ORDER granting Respondents' 6 MOTION for Extension to File Response as to Petitioner Jose Santos Cruz Betanca Rivas, re: 5 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 5:00 PM on 10/20/2026 as to Petitioner Jose Santos Cruz Betanca Rivas; Petitioners shall have an opportunity to file a reply as to Petitioner Jose Santos Cruz Betanca Rivas by 10/21/2026 at 5:00 PM. Signed by Judge Robert C. Chambers on 10/20/2026. (cc: counsel of record; any unrepresented parties) (skm)
Main Document:
Order
#9
Oct 20, 2026
UNOPPOSED MOTION by Jose Santos Cruz Betanca Rivas to Revise Briefing Schedule and Continue Show Cause Hearing. (Brown, Sarah) (Modified on 10/20/2026 to correct party filer) (jsa).
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#10
Oct 20, 2026
REPLY by Hermes Fabrico Paz Betanco, Nixer Enrique Centeno Zapata to 7 MOTION by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to Dismiss With Prejudice 1 Petition for Writ of Habeas Corpus (2241). (Attachment: # 1 Exhibit A) (Brown, Sarah) (Modified on 10/21/2026 to add party filer) (jsa).
Main Document:
Reply to Response
#11
Oct 21, 2026
MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco, Kyle Slone for Writ of Habeas Corpus ad Subjiciendum and ad Testificandum. Returnable 10/22/2026 at 12:00 PM. (Brown, Sarah) (Modified on 10/21/2026 to correct party filers) (jsa).
Main Document:
Motion / Application / Petition for Writ of Habeas Corpus ad testificandum
#12
Oct 21, 2026
ORDER granting Petitioner Jose Santos Cruz Betanca Rivas' 9 UNOPPOSED MOTION to Revise Briefing Schedule and Continue Show Cause Hearing; directing that Petitioners shall dismiss the matter or file an Amended Petition as to Petitioner Jose Santos Cruz Betanca Rivas by 10/23/2026 at 5:00 PM; Respondents SHALL file a written response to SHOW CAUSE as to Petitioner Jose Santos Cruz Betanca Rivas by 5:00 PM on 10/27/2026; Petitioners shall have an opportunity to file a reply as to Petitioner Jose Santos Cruz Betanca Rivas by 10/28/2026 at 5:00 PM; the Show Cause Hearing, scheduled for 10/22/2026 at 3:30 PM, shall be CONTINUED as to Petitioner Jose Santos Cruz Betanca Rivas only. Signed by Judge Robert C. Chambers on 10/21/2026. (cc: counsel of record; any unrepresented parties) (skm)
#13
Oct 21, 2026
MOTION by Jose Santos Cruz Betanca Rivas, Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco, Kyle Slone to Waive Certain Requirements of L.R. Gen. P. 83.6 and for Pro Hac Vice Admission of Co-Counsel. (Brown, Sarah)
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#14
Oct 21, 2026
MOTION by Jose Santos Cruz Betanca Rivas, Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to Excuse Local Counsel from Hearing. (Brown, Sarah)
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#15
Oct 21, 2026
ORDER directing the Show Cause Hearing, currently scheduled for 10/22/2026 at 3:30 PM, SHALL be rescheduled to 10/22/2026 at 2:30 PM; Respondents SHALL produce all agents with personal knowledge of any purported custody determination process with respect to Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco at the Show Cause Hearing, as more fully set forth herein; Respondents SHALL produce any body camera footage related to any purported custody determination process, related to the voluntary department agreement, or otherwise relevant, to Petitioners' Counsel by 5:00 PM, today, 10/21/2026. Signed by Judge Robert C. Chambers on 10/21/2026. (cc: counsel of record; any unrepresented party) (skm)
#16
Oct 21, 2026
ORDER granting Petitioners' 13 MOTION to Waive Certain Requirements of L.R. Gen. P. 83.6 and for Pro Hac Vice Admission of Co-Counsel and 14 MOTION to Excuse Local Counsel from Hearing. Signed by Judge Robert C. Chambers on 10/21/2026. (cc: counsel of record; any unrepresented parties) (skm)
Main Document:
Order
#17
Oct 21, 2026
CORRECTED MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco for Writ of Habeas Corpus ad subjiciendum and ad testificandum. (Brown, Sarah) (Modified on 10/21/2026 to correct party filers) (jsa).
Main Document:
Motion / Application / Petition for Writ of Habeas Corpus ad testificandum
#18
Oct 21, 2026
WRIT OF HABEAS CORPUS AD SUBJICIENDUM AND AD TESTIFICANDUM ISSUED/ORDER for Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco, returnable on 10/22/2026 at 12:00 PM. 2 copies of writ issued and delivered to U. S. Marshal. (skm)
Main Document:
Writ of Habeas Corpus ad Testificandum Issued
#19
Oct 21, 2026
MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to Clarify Scope of 15 Order, re: body camera production. (Brown, Sarah) (Modified on 10/22/2026 to correct party filers) (jsa).
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#20
Oct 22, 2026
RESPONSE by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to 19 MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to Clarify Scope of 15 Order and Request for Relief from Order. (Lindsay, Matthew)
Main Document:
Response In Opposition
#21
Oct 22, 2026
SUPPLEMENTAL RESPONSE by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to 19 MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to Clarify Scope of 15 Order and Request for Relief from Order. (Lindsay, Matthew) (Modified on 10/22/2026 to remove link to #20 Response and add link to #15 Order and #19 Motion) (jsa).
Main Document:
Response In Opposition
#22
Oct 22, 2026
ORDER denying Petitioners Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco's 19 MOTION to Clarify Scope of Body Camera Production 15 Order; requesting Petitioners file a Reply to Respondents' 20 Response to 19 MOTION to Clarify Scope of 15 Order and Request for Relief from Order by 10:30 AM, today, 10/22/2026. Signed by Judge Robert C. Chambers on 10/22/2026. (cc: counsel of record; any unrepresented party) (skm)
Main Document:
Order
#23
Oct 22, 2026
REPLY by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to 20 Response by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to 19 MOTION by Nixer Enrique Centeno Zapata, Hermes Fabrico Paz Betanco to Clarify Scope of 15 Order and Request for Relief from Order. (Brown, Sarah) (Modified on 10/22/2026 to correct party filers and to add link to #15 Order and #19 Motion) (jsa).
Main Document:
Reply to Response
#24
Oct 22, 2026
ORDER granting the 1 Petition for Writ of Habeas Corpus (2241) as to Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco only; DENYING Respondents' 7 MOTION to Dismiss as to Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco only; directing Respondents to PROMPTLY RELEASE Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco, upon their arrival to the Federal Courthouse in Huntington, WV, today, 10/22/2026; directing Respondents to facilitate the prompt return of all property seized incident to Petitioners' detention, including legal documents and Respondents shall file a notice of compliance with the Court; directing that Respondents are PROHIBITED from re-arresting and detaining Petitioners, as more fully set forth herein; PERMANENTLY ENJOINING Respondents from imposing any conditions or restraints on Petitioners' liberty, as more fully set forth herein; CANCELING the Hearing previously scheduled for today, 10/22/2026; SUSPENDING the Court's prior 15 Order directing the production of agents. Signed by Judge Robert C. Chambers on 10/22/2026. (cc: counsel of record; any unrepresented party) (skm)
#25
Oct 23, 2026
AMENDED VERIFIED PETITION FOR WRIT OF HABEAS CORPUS by Jose Santos Cruz Betanca Rivas against Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella pursuant to Title 28, United States Code, Section 2241. (lca)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#26
Oct 27, 2026
RESPONSE TO ORDER TO SHOW CAUSE and MOTION by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to Dismiss 25 Petition for Writ of Habeas Corpus (2241). (Attachment: # 1 Exhibit 1)(Lindsay, Matthew)
Main Document:
Motion / Application / Petition to Dismiss
#27
Oct 28, 2026
UNOPPOSED MOTION by Jose Santos Cruz Betanca Rivas to Revise Briefing Schedule and Continue Show Cause Hearing (Brown, Sarah)
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#28
Oct 29, 2026
ORDER granting Petitioner's 27 UNOPPOSED MOTION to Revise Briefing Schedule; directing that Petitioner shall file a reply, if any, by 5:00 PM on 10/29/2026; Respondents shall file a sur-reply, if any, by 5:00 PM on 11/2/2026. Signed by Judge Robert C. Chambers on 10/29/2026. (cc: counsel of record; any unrepresented party) (skm)
Main Document:
ORDER
#29
Oct 29, 2026
REPLY by Jose Santos Cruz Betanca Rivas to 26 MOTION by Kenneth Barnett, Todd Blanche, Markwayne Mullin, John Rife, David Venturella to Dismiss 25 Amended Petition for Writ of Habeas Corpus (2241). (Brown, Sarah)
Main Document:
REPLY
#30
Oct 30, 2026
MEMORANDUM OPINION AND ORDER granting the 1 Petition for Writ of Habeas Corpus (2241) and DENYING Respondents' 7 MOTION to Dismiss as to Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco, re: 24 Order. Signed by Judge Robert C. Chambers on 10/30/2026. (cc: counsel of record; any unrepresented party) (skm)
Main Document:
MEMORANDUM OPINION AND ORDER granting the 1 Petition for Writ of Habeas Corpus (2241) and DENYING Respondents' 7 MOTION to Dismiss as to Petitioners Nixer Enrique Centeno Zapata and Hermes Fabricio Paz Betanco, re: 24 Order. Signed by Judge Robert C. Chambers on 10/30/2026. (cc: counsel of record; any unrepresented party) (skm)
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