Eastern District of Virginia • 1:26-cv-00312

Hernandez Atunez v. Guadian

Completed

Case Information

Filed: February 03, 2026
Assigned to: Leonie M. Brinkema
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: February 05, 2026
Last Activity: February 18, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 03, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10753880.), filed by Santos Masiel Hernandez Atunez. (Attachments: # 1 Civil Cover Sheet)(He, Yue) (Attachment 1 replaced on 2/3/2026) (Sbro, ). (Entered: 02/03/2026)
Main Document: PETITION
#2
Feb 03, 2026
NOTICE of Appearance by Tanzania Jaysura on behalf of Pamela Bondi, Executive Office for Immigration Review, Robert Guadian, Kristi Noem, U.S. Department of Homeland Security (Jaysura, Tanzania) (Entered: 02/03/2026)
Main Document: NOTICE
#3
Feb 03, 2026
ORDERED that petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission; and it is further ORDERED that on or before 5:00 PM on February 9, 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 Ceba Cinta v. Noem, et al., 1:25-cv-1818 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Ceba Cinta 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 Ceba Cinta. 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 February 13, 2026. See Order for further details. Signed by District Judge Leonie M. Brinkema on 2/3/2026. (Dest) (Entered: 02/03/2026)
Main Document: ORDERED
Feb 03, 2026
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (Sbro, )
#4
Feb 05, 2026
Opposition to Dkt. 1 filed by Pamela Bondi, Executive Office for Immigration Review, Robert Guadian, Kristi Noem, U.S. Department of Homeland Security. (Jaysura, Tanzania) (Entered: 02/05/2026)
Main Document: Opposition
#5
Feb 05, 2026
ORDERED that Atunez's Petition, [Dkt. No. 1], is GRANTED. ORDERED that Atunez be promptly released from custody, with all his personal property, pending his bond hearing before an Immigration Judge. Atunez must live at a fixed address which he must provide to the federal respondents. ORDERED that respondents provide Atunez with a standard bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order. ORDERED that respondents be and are ENJOINED from denying bond to Atunez on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). ORDERED that, if Atunez is granted bond, respondents be and are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § I003.19(i)(2). ORDERED that respondents file a status report with this Court within 3 days of the bond hearing, stating whether Atunez has been granted bond, and, if his request for bond was denied, the reasons for that denial. Signed by District Judge Leonie M. Brinkema on 2/5/2026. (kgall) (Entered: 02/05/2026)
Main Document: ORDERED
#6
Feb 05, 2026
CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of the petitioner Santos Masiel Hernandez Atunez and against the respondents Robert Guadian, Kristi Noem, Us. Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review, and Jeff Crawford. Entered by the Clerk on 2/5/2026.(kgall) (Entered: 02/05/2026)
Main Document: CLERK'S
#7
Feb 06, 2026
Sealed Document Notice of Fixed Address re 5 Order,,,,. (He, Yue) (Entered: 02/06/2026)
Main Document: Sealed
#8
Feb 18, 2026
NOTICE Regarding Petitioner's Bond Hearing by Pamela Bondi, Executive Office for Immigration Review, Robert Guadian, Kristi Noem, U.S. Department of Homeland Security. (Schmidt, Robert) (Entered: 02/18/2026)
Main Document: NOTICE

Parties

Guadian
Party
Hernandez Atunez
Party