Southern District of West Virginia • 3:26-cv-00688
Neptaly Garcia v. Venturella
Active
Case Information
Filed: October 28, 2026
Assigned to:
Robert Charles Chambers
Referred to:
Dwane L. Tinsley
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
November 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 28, 2026
PETITION FOR WRIT OF HABEAS CORPUS by Joel Neptaly Garcia, Renieri Gonsales Funez, Emily Chaffin against David Venturella, Markwayne Mullin, Todd Blanche, Kenneth Barnett, John Rife, pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9203174. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Summons - David Venturella, # 8 Proposed Summons - Markwayne Mullin, # 9 Proposed Summons - Todd Blanche, # 10 Proposed Summons - Kenneth Barnett, # 11 Proposed Summons - John Rife, # 12 Civil Cover Sheet) (btm)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Oct 28, 2026
MOTION by Joel Neptaly Garcia, Renieri Gonsales Funez, Emily Chaffin for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioners Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (btm)
Main Document:
Motion / Application / Petition for Order to Show Cause
#3
Oct 28, 2026
ELECTRONIC SUMMONS ISSUED as to David Venturella, Markwayne Mullin, Todd Blanche, Kenneth Barnett, 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 - Markwayne Mullin, # 2 Summons - Todd Blanche, # 3 Summons - Kenneth Barnett, # 4 Summons - John Rife) (btm)
Main Document:
Electronic Summons Issued
#4
Oct 28, 2026
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED October 22, 2026. 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)
Main Document:
Standing Order For Assignment And Referral of Civil Actions And Matters
#5
Oct 28, 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 9:00 AM on 10/30/2026; Petitioners shall have an opportunity to file a reply by 11/2/2026 at 9:00 AM; this matter shall be heard by this Court on 11/5/2026 at 1:30 PM, if necessary; to the extent Respondents intend to assert that jurisdiction and/or venue is improper, Respondents shall file any objections by 2:00 PM on 10/29/2026; 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 and Respondents SHALL NOT transport Petitioners 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 by 7:00 PM today, 10/28/2026, 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 Petitioner in the event they are released, as more fully set forth herein; directing that Respondents shall provide Petitioners with a copy of this Order and service of this Order shall be made by Petitioners on the United States Attorney for the Southern District of by 2:00 PM, today, 10/28/2026, and shall constitute good and sufficient service on Respondents. Signed by Judge Robert C. Chambers on 10/28/2026. (cc: counsel of record; any unrepresented parties) (skm)
Oct 28, 2026
Case Assigned
Oct 28, 2026
CASE assigned to Judge Robert C. Chambers. (klc)
#6
Oct 30, 2026
Motion / Application / Petition to Dismiss
Main Document:
Motion / Application / Petition to Dismiss
#7
Oct 30, 2026
Motion / Application / Petition to Dismiss
Main Document:
Motion / Application / Petition to Dismiss
#8
Oct 30, 2026
Notice (Other)
Main Document:
Notice (Other)
#9
Oct 30, 2026
Motion / Application / Petition for Miscellaneous Relief
Main Document:
Motion / Application / Petition for Miscellaneous Relief
#10
Oct 30, 2026
Stipulation of Dismissal
Main Document:
Stipulation of Dismissal
#12
Nov 03, 2026
MEMORANDUM OPINION AND ORDER granting the 1 Petition for Writ of Habeas Corpus (2241) and DENYING Respondents' 7 MOTION to Dismiss, re: 11 Order. Signed by Judge Robert C. Chambers on 11/3/2026. (cc: counsel of record; any unrepresented party) (skm)
#15
Nov 04, 2026
Motion / Application / Petition to Reconsider
Main Document:
Motion / Application / Petition to Reconsider
#16
Nov 05, 2026
Order
Main Document:
Order
#17
Nov 06, 2026
Response In Opposition
Main Document:
Response In Opposition
#18
Nov 06, 2026
Reply to Response
Main Document:
Reply to Response
Parties
Neptaly Garcia
Party
Venturella
Party