Eastern District of Virginia • 1:26-cv-00011
Merlos Asuncion v. Perry
Completed
Case Information
Filed: January 03, 2026
Assigned to:
Patricia Tolliver Giles
Referred to:
Lindsey R. Vaala
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: February 10, 2026
Last Activity:
February 24, 2026
Parties:
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Docket Entries
#1
Jan 03, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10681809.), filed by Jose Luis Merlos Asuncion.(Davis, Kathy) (Entered: 01/03/2026)
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First
#2
Jan 03, 2026
NOTICE of Appearance by Kathy Rebecca Davis on behalf of Jose Luis Merlos Asuncion (Davis, Kathy) (Entered: 01/03/2026)
Main Document:
NOTICE
#3
Jan 03, 2026
Civil Cover Sheet by Jose Luis Merlos Asuncion. (Davis, Kathy) (Entered: 01/03/2026)
Main Document:
Civil
#4
Jan 03, 2026
Financial Interest Disclosure Statement (Local Rule 7.1) by Jose Luis Merlos Asuncion. (Davis, Kathy) (Entered: 01/03/2026)
Main Document:
Financial
#5
Jan 03, 2026
EXHIBIT Memorandum In Support of Petition for Habeas Corpus by Jose Luis Merlos Asuncion.. (Davis, Kathy) (Entered: 01/03/2026)
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EXHIBIT
#6
Jan 03, 2026
EXHIBIT Table of Contents by Jose Luis Merlos Asuncion.. (Attachments: # 1 Exhibit Exhibit A Petitioners Motion for Custody Redetermination, # 2 Exhibit Exhibit B Order of Immigration Judge Denying Petitioners Motion for Custody Redetermination, # 3 Exhibit Exhibit C Petitioners El Salvador Passport, # 4 Exhibit Exhibit D Petitioners Marriage Certificate, # 5 Exhibit Exhibit E Affidavit of Sponsorship of Walter Alexander Torres Amaya, # 6 Exhibit Exhibit F Lawful Permanent Resident Card of Walter Alexander Torres Amaya)(Davis, Kathy) (Entered: 01/03/2026)
Main Document:
EXHIBIT
Jan 03, 2026
Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Lindsey R. Vaala. (Sbro, )
#7
Jan 06, 2026
ORDER that Petitioner IS NOT to be removed or transferred from this district for any reason without this Courts permission; on or before 5:00 PM on Friday, 01/09/2026, the Federal Respondents file either a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Andrade Portillo v. Perry, et al, 1:25-CV-1646 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Andrade Portillo and this Petition; if the Federal Respondents file a Notice that there are no material differences between this Petition and Andrade Portillo each of the substantive filings in thathabeas proceeding will be incorporated into this habeas proceeding, and this Court will issue a ruling without further filings from the parties; if the Federal Respondents file an Opposition to the Petition, Petitioner shall file any reply in further support of the Petition on or before 5:00 PM on Tuesday, 01/13/2026 (see Order for details). Signed by District Judge Patricia Tolliver Giles on 01/06/2026. (pmil, ) (Entered: 01/07/2026)
Main Document:
ORDER
#8
Jan 09, 2026
NOTICE of Appearance by Robert Jacob Schmidt on behalf of Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Joseph Simon (Schmidt, Robert) (Entered: 01/09/2026)
Main Document:
NOTICE
#9
Jan 09, 2026
NOTICE by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Joseph Simon re 7 Order,,,, (Schmidt, Robert) (Entered: 01/09/2026)
Main Document:
NOTICE
#10
Jan 29, 2026
First MOTION for Judgment on the Pleadings Unopposed Motion for Ruling on Petitioner's Petition for Habeas Corpus by Jose Luis Merlos Asuncion. (Attachments: # 1 Proposed Order Proposed Order)(Davis, Kathy) (Entered: 01/29/2026)
Main Document:
First
Feb 04, 2026
Notice of Correction re 10 First MOTION for Judgment on the Pleadings Unopposed Motion for Ruling on Petitioner's Petition for Habeas Corpus. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (nneb)
#11
Feb 10, 2026
ORDERED that the Petition for Writ of Habeas Corpus (Dkt. 1) is GRANTED: it is further ORDERED that Petitioner be immediately released from custody, with all his personal property, pending his bond hearing before an immigration judge. ORDERED that Respondents must provide Petitioner with a standard bond hearing pursuant to 8 U.S.C. 1226(a) within fourteen (14) days of the date of this Order; it is further ORDERED that the parties shall file a status report on the status of Petitioner's bond hearing within three (3) days of the bond hearing. Signed by District Judge Patricia Tolliver Giles on 02/10/2026. See Order for further details. (triv) (Entered: 02/10/2026)
#12
Feb 10, 2026
CLERK'S JUDGMENT entered in favor of the Petitioner, Jose Luis Merlos Asuncion, in accordance with Federal Rules of Civil Procedure 58. Signed by Clerk on 02/10/2026. (triv) (Entered: 02/10/2026)
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CLERK'S
#13
Feb 11, 2026
STATUS REPORT by Jose Luis Merlos Asuncion. (Davis, Kathy) (Entered: 02/11/2026)
Main Document:
STATUS
#14
Feb 24, 2026
STATUS REPORT by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Joseph Simon. (Schmidt, Robert) (Entered: 02/24/2026)
Main Document:
STATUS
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