Eastern District of Virginia • 1:26-cv-00044
Hernandez-Franco v. Bondi
Completed
Case Information
Filed: January 07, 2026
Assigned to:
Michael S. Nachmanoff
Referred to:
William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: January 13, 2026
Last Activity:
February 13, 2026
Parties:
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Docket Entries
#1
Jan 07, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10692052.), filed by Jose Alexander Hernandez-Franco. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Artieda, Jorge) (Entered: 01/07/2026)
Main Document:
First
Jan 07, 2026
Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge William E. Fitzpatrick. (nneb)
#2
Jan 08, 2026
NOTICE of Appearance by Kent Pendleton Porter on behalf of Pam Bondi, Russell Hott, Kristi Noem, Paul Perry (Porter, Kent) (Entered: 01/08/2026)
Main Document:
NOTICE
#3
Jan 08, 2026
ORDERED that Petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission during the pendency of this habeas action; and it is further ORDERED that on or before 5:00 PM on Monday, January 12, 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 Servellon Martinez, 1:25-cv-1792 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Servellon Martinez and this Petition; and it is further ORDERED that if the Federal Respondents file a Notice that there are no material differences between this Petition and Servellon Martinez, each of the substantive filings in that habeas proceeding will be incorporated into this habeas proceeding, and this Court will issue a ruling without further filings from the parties; and it is further ORDERED that 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 Wednesday, January 14, 2026 (see Order for further details). Signed by District Judge Michael S Nachmanoff on 1/8/2026. (Dest, ) (Entered: 01/08/2026)
Main Document:
ORDERED
#4
Jan 12, 2026
Response to 3 Order,,,, filed by Pam Bondi, Russell Hott, Kristi Noem, Paul Perry. (Porter, Kent) (Entered: 01/12/2026)
Main Document:
Response
#5
Jan 13, 2026
ORDER granting the Petition (ECF 1), and it is hereby ORDERED that to the extent that Petitioner seeks release from detention, Petitioner file a motion requesting a bond hearing or custody redetermination as soon as practicable; and that Federal Respondents provide Petitioner with a standard bond hearing before an IJ pursuant to 8 U.S.C. § 1226(a) within 7 days of the date of that motion; and it is further ORDERED that Federal Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). (see order for details) Signed by District Judge Michael S Nachmanoff on 01/13/2026. (dvanm) (Entered: 01/13/2026)
#6
Jan 13, 2026
Clerk's Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Petitioner, Jose Alexander Hernandez-Franco, and against the Respondents, Russell Hott, Paul Perry, Pam Bondi, and Kristi Noem. Entered by Clerk on 01/13/2026. (dvanm) (Entered: 01/13/2026)
Main Document:
Clerk's
#7
Jan 22, 2026
MOTION to Enforce Court's Order and for Immediate Release by Jose Alexander Hernandez-Franco. (Attachments: # 1 Proposed Order, # 2 Declaration in Support, # 3 Exhibit)(Artieda, Jorge) (Entered: 01/22/2026)
Main Document:
MOTION
#8
Jan 23, 2026
AFFIDAVIT re Notice of Correction, 7 First MOTION to Enforce Judgment EMERGENCY MOTION for Immediate Release by Jose Alexander Hernandez-Franco. (Artieda, Jorge) (Entered: 01/23/2026)
Main Document:
AFFIDAVIT
#9
Jan 23, 2026
NOTICE by Jose Alexander Hernandez-Franco re 7 First MOTION to Enforce Judgment EMERGENCY MOTION OF FILING AND RESERVATION OF RIGHTS (Artieda, Jorge) (Entered: 01/23/2026)
Main Document:
NOTICE
#10
Jan 23, 2026
ORDERED that Respondents are to file any response to Petitioner's motion by Friday, January 30, 2026. Signed by District Judge Michael S Nachmanoff on 01/23/2026. (dvanm, ) (Entered: 01/23/2026)
Main Document:
ORDERED
Jan 23, 2026
Notice of Correction in re 7 MOTION to Enforce Court's Order and for Immediate Release. The filing user is notified to re-file the Declaration in Support as a separate docket entry (as a reminder, we request that each pleading is filed separately); additionally, the user is notified to file a Notice of Hearing Date or Waiver of Oral Argument. (triv)
#11
Jan 30, 2026
RESPONSE to Motion re 7 First MOTION to Enforce Judgment EMERGENCY MOTION filed by Pam Bondi, Russell Hott, Kristi Noem, Paul Perry. (Attachments: # 1 Affidavit Byrne Declaration)(Porter, Kent) (Entered: 01/30/2026)
Main Document:
RESPONSE
#12
Feb 13, 2026
ORDERED that Petitioner's Motion to Enforce Court's Order and for Immediate Release (ECF 7) is DENIED. Signed by District Judge Michael S. Nachmanoff on 02/13/2026. See Order for further details. (triv) (Entered: 02/13/2026)
Main Document:
ORDERED
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