Eastern District of Virginia • 1:26-cv-00106

#1

Jan 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10710056.), filed by Rudy Alberto Delgado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Sandoval-Moshenberg, Simon) (Entered: 01/14/2026)

Jan 14, 2026

Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Lindsey R. Vaala. (Sbro, )

#2

Jan 15, 2026

ORDERED that Petitioner shall not be removed from this jurisdiction or the United States unless and until the Court issues a contrary order. 28 U.S.C. § 1651 F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to 'issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.'"); it is further ORDERED that if Petitioner is in the process of being transferred outside of the Court's jurisdiction, he must be returned to this jurisdiction unless and until the Court issues a contrary' order; and it is further ORDERED that on or before 5:00 p.m. on Thursday, January 22, 2026, Respondents SHOW CAUSE as to why the Petition should not be granted. Signed by District Judge Patricia Tolliver Giles on 1/15/2026. (swil) (Entered: 01/15/2026)

#3

Jan 21, 2026

NOTICE of Appearance by Robert Jacob Schmidt on behalf of Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem (Schmidt, Robert) (Entered: 01/21/2026)

#4

Jan 21, 2026

Joint MOTION to Stay and Proposed Briefing Schedule by Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order)(Schmidt, Robert) (Entered: 01/21/2026)

#5

Jan 22, 2026

ORDER granting 4 Joint MOTION to Stay and Proposed Briefing Schedule. ORDERED that the parties shall file a status report with this Court every fourteen (14) days until USCIS makes a fear determination as to Mexico for Petitioner, at which point Federal Respondents will file a notice indicating the results of Petitioner's Reasonable Fear Interview. ORDERED that Respondents will file a Response to the Petition for Writ of Habeas Corpus, Dkt. No. 1, no later than seven (7) days following this notice. ORDERED that Petitioner will file his Reply in support of the Petition for Writ of Habeas Corpus, Dkt. No. 1, no later than seven (7) days following Respondents' Response. Signed by District Judge Patricia Tolliver Giles on 01/21/2026. (triv) (Entered: 01/22/2026)

#6

Jan 29, 2026

NOTICE by Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem (Attachments: # 1 Exhibit 1 - Third Country Screening Notice)(Schmidt, Robert) (Entered: 01/29/2026)

#7

Feb 05, 2026

Opposition to 1 Petition for Writ of Habeas Corpus (2241), filed by Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1 - Guidance Regarding Third Country Removals, # 2 Exhibit 2 - Declaration of Charles M. Byrne, # 3 Exhibit 3 - OSUP Revocation, # 4 Exhibit 4 - Third Country Screening Notice)(Schmidt, Robert) (Entered: 02/05/2026)

#8

Feb 10, 2026

ORDER that a hearing on the 1 Petition for Writ of Habeas Corpus (2241) is set for Monday, 2/23/2026 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. Signed by District Judge Patricia Tolliver Giles on 02/10/26. (pmil, ) (Entered: 02/10/2026)

#9

Feb 11, 2026

Reply in Support of 1 Petition for Writ of Habeas Corpus (2241) filed by Rudy Alberto Delgado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sandoval-Moshenberg, Simon) Modified text on 2/13/2026 (jlan) (Entered: 02/11/2026)

#10

Feb 23, 2026

Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Writ Hearing held on 2/23/2026.Appearances of Counsel for Petitioner and Counsel for Respondents.RE: Petition for Writ of Habeas Corpus - MATTER ARGUED AND GRANTED - PETITIONER TO BE RELEASED IMMEDIATELY/TODAY - ORDER TO ENTER.Court Reporter: T. Harris (pmil, ) (Entered: 02/23/2026)

#11

Feb 23, 2026

ORDER, for the reasons stated from the bench, the 1 Petition for Writ of Habeas Corpus (2241) is GRANTED in part. The Petition is GRANTED as to Petitioner's claims under the Accardi doctrine. The remaining claims are DENIED and DISMISSED without prejudice; Petitioner be immediately released from custody, will all of his personal property; Respondents--along with thier officers, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert with them--are ENJOINED from removing Petitioner to Mexico unless and until he received a Reasonable Fear Interview under 8 C.F.R. § 1208.31 and an immigration judge's review of any negative fear determination; Respondents' unlawful revocation of Petitioner's Order of Supervision ("OSUP") is VACATED, and the conditions of supervision under the OSUP are RESTORED (see Order for details). Signed by District Judge Patricia Tolliver Giles on 02/23/26. (pmil, ) (Entered: 02/23/2026)

#12

Feb 23, 2026

JUDGMENT is hereby entered in favor of the Petitioner, Rudy Alberto Delgado and against the Respondents, Kristi Noem, Todd Lyons, Pamela Bondi, Robert Guadian, and Jeffrey Dillman. (Entered by Clerk on 02/23/26 pursuant to FRCP 58) (pmil, ) (Entered: 02/23/2026)

#13

Feb 24, 2026

TRANSCRIPT of proceedings held on 2/23/26, before Judge P. Giles, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/26/2026. Redacted Transcript Deadline set for 4/27/2026. Release of Transcript Restriction set for 5/26/2026.(harris, tonia) (Entered: 02/24/2026)